Sec. 8. Section 7 of this chapter does not prevent or limit the liability of a school:

(1) that has actual knowledge of, or that knows or reasonably should have known of, a dangerous condition on the property, facilities, or equipment used in the community use physical fitness activity;

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Terms Used In Indiana Code 34-31-10-8

  • community use physical fitness activity: means an activity in which the general public is invited to use:

    Indiana Code 34-31-10-3

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • school: means a:

    Indiana Code 34-31-10-6

(2) that fails to properly train a school employee or other person providing, directing, or supervising the community use physical fitness activity, if the school provides an employee or other person to provide, direct, or supervise the activity and the act or omission of the school employee or other person proximately causes the injury, loss, damage, or death; or

(3) for an act or omission that is the result of willful, wanton, or intentional misconduct.

As added by P.L.220-2013, SEC.3.