Sec. 5. (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 an ice skater for injuries and property damage resulting from the assumed risks.

     (b) The following applies if an operator has violated any one (1) 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.

As added by P.L.77-2013, SEC.4.