(a) A tramway operator or an outdoor recreation operator shall be liable only if the tramway operator or outdoor recreation operator does any of the following:(1) Commits an act or omission related to an outdoor recreation activity that is intentional, reckless, grossly negligent, or negligent regarding the safety of an individual or property and that act or omission proximately causes injury to or the death of the individual or damage to property; or(2) Intentionally, recklessly, with gross negligence, or negligently commits an act or omission related to a participant in an outdoor recreation activity that proximately causes injury to or the death of the participant or other individual or damage to property.
(1) Commits an act or omission related to an outdoor recreation activity that is intentional, reckless, grossly negligent, or negligent regarding the safety of an individual or property and that act or omission proximately causes injury to or the death of the individual or damage to property; or
(2) Intentionally, recklessly, with gross negligence, or negligently commits an act or omission related to a participant in an outdoor recreation activity that proximately causes injury to or the death of the participant or other individual or damage to property.
(b) (1) A tramway operator or outdoor recreation operator shall not be liable, and an individual or individual's representative may not recover from a tramway operator or outdoor recreation operator for negligence, if a proximate cause of the injury, death, or damage was the individual's own negligence.(2) In an action for damages against a tramway operator or outdoor recreation operator, the tramway operator or outdoor recreation operator may plead, as appropriate, the affirmative defense of:(A) Assumption of the risk by the individual;(B) Contributory negligence by the individual; or(C) Both assumption of the risk and contributory negligence by the individual.
(1) A tramway operator or outdoor recreation operator shall not be liable, and an individual or individual's representative may not recover from a tramway operator or outdoor recreation operator for negligence, if a proximate cause of the injury, death, or damage was the individual's own negligence.
(2) In an action for damages against a tramway operator or outdoor recreation operator, the tramway operator or outdoor recreation operator may plead, as appropriate, the affirmative defense of:(A) Assumption of the risk by the individual;(B) Contributory negligence by the individual; or(C) Both assumption of the risk and contributory negligence by the individual.
(A) Assumption of the risk by the individual;
(B) Contributory negligence by the individual; or
(C) Both assumption of the risk and contributory negligence by the individual.