Indiana § 34-31-11.4-5 Defense to an action against an operator by a recreational user

Indiana Statutes

§ 34-31-11.4-5 — Defense to an action against an operator by a recreational user

Indiana § 34-31-11.4-5

Title 34CIVIL LAW AND PROCEDURE

Art. 31LIMITED LIABILITY

Ch. 11.4Limited Liability for Operators of Recreational

This text of Indiana § 34-31-11.4-5 (Defense to an action against an operator by a recreational user) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-31-11.4-5 (2026).

Text

(a)Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 4 of this chapter is a complete defense to an action against an operator by a recreational user for injuries and property damage resulting from the assumed risks.

(b)The following apply if an operator violates any of the operator's duties or responsibilities under section 2 of this chapter:

(1)The complete defense against an action against an operator under subsection (a) does not apply.

(2)The provisions of IC 34-51-2-6 apply, unless IC 34-13-3 applies to the operator.

(c)If IC 34-13-3 applies to an operator, the liability of the operator under section 2 of this chapter is subject to IC 34-13-3 and IC 34-51-2-2.

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(a) Except as provided in subsection (b) and
notwithstanding IC 34-51-2-6 concerning comparative fault, the
assumption of risk under section 4 of this chapter is a complete defense
to an action against an operator by a recreational user for injuries and
property damage resulting from the assumed risks.
(b) The following apply if an operator violates any of the operator's
duties or responsibilities under section 2 of this chapter:
(1) The complete defense against an action against an operator
under subsection (a) does not apply.
(2) The provisions of IC 34-51-2-6 apply, unless IC 34-13-3
applies to the operator.
(c) If IC 34-13-3 applies to an operator, the liability of the operator
under section 2 of this chapter is subject to IC 34-13-3 and IC 34-51-2-2.