§486K-5.6 - Hotelkeeper's liability for provision of certain recreational equipment.
[§486K-5.6] Hotelkeeper's liability for
provision of certain recreational equipment. (a) Notwithstanding section
663-1.54, a hotelkeeper shall have no duty to instruct or train a user of
recreational equipment or to supervise the use of such equipment where the
recreational equipment is in fact used without supervision and, at the time of
such use, is not part of an activity guided or managed by representatives of
the hotelkeeper.
(b) As used in this section,
"recreational equipment" includes skin diving masks, snorkels, swim
fins, bodysurfing boards, surfboards, canoes, kayaks, bicycles, skates, tennis
or golf equipment, weights and exercise equipment, air mattresses, and
flotation devices provided by the hotel. "Recreational equipment" does
not include:
(1) Any water or land vehicle powered by an engine,
motor, or the wind;
(2) Any device, other than a snorkel, that permits a
person to breathe while submerged;
(3) Parachutes, parasails, or any equipment designed
for flight, gliding, or controlled descent in the air;
(4) Any firearm, airgun, archery equipment; or
(5) Any edged weapon.
(c) Nothing in this section shall bar
liability of a hotelkeeper:
(1) For negligence in the maintenance of recreational
equipment; or
(2) When a loss or injury is suffered by a hotel
guest and is caused by the hotelkeeper's failure to warn against a hazardous
condition on a beach or in the ocean, known, or which should have been known to
a reasonably prudent hotelkeeper, as specified in section 486K-5.5. [L
1998, c 302, §1]