(A) Except as provided in subsection (B), an operator is not liable for an injury to or the death of a skater or spectator resulting from an inherent risk of skating, and no skater, skater’s representative, spectator, or spectator’s representative may make a claim against, maintain an action against, or recover from an operator, for injury, loss, damage, or death of the skater or spectator resulting from an inherent risk of skating.

(B) Nothing in subsection (A) prevents or limits the liability of an operator to a skater, spectator, or their representative if the operator:

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Terms Used In South Carolina Code 52-21-50

  • Inherent risk of skating: means those dangers or risks which are an integral part of ice or roller skating including, but not limited to, injuries which result from contact with other skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the skater. See South Carolina Code 52-21-10
  • Operator: means a person or entity who owns, manages, controls or directs, or who has operational responsibility for an ice or roller skating rink. See South Carolina Code 52-21-10
  • Skater: means a person wearing ice skates while in an ice skating rink or roller skates in a roller skating rink for the purpose of recreational or competitive skating without regard to whether the person paid consideration. See South Carolina Code 52-21-10
  • Spectator: means an invitee who is present in a skating rink but is not wearing ice or roller skates. See South Carolina Code 52-21-10

(1) breached his duty as provided in § 52-21-20 and the breach is the proximate cause of the injury or death;

(2) committed an act or omission that constitutes wilful or wanton disregard for the safety of the skater or spectator and that act or omission caused the injury; or

(3) intentionally injured the skater or spectator.