Section 34-31-11.4-5 - Defense to an action against an operator by a recreational user(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 a recreational user for injuries and property damage resulting from the assumed risks.(b) The following apply if an operator violates any 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, unless IC 34-13-3 applies to the operator.(c) If IC 34-13-3 applies to an operator, the liability of the operator under section 2 of this chapter is subject to IC 34-13-3 and IC 34-51-2-2.Added by P.L. 95-2015, SEC. 5, eff. 7/1/2015.