44-1607. Patrons of amusement rides, acceptance of risk, duties; reports of injuries. - Kansas Statutes

44-1607

Chapter 44.--LABOR AND INDUSTRIES Article 16.--AMUSEMENT RIDES

      44-1607.   Patrons of amusement rides, acceptance ofrisk, duties; reports of injuries.(a) Each patron of an amusement ride, by participation, acceptstherisks inherent in such participation of which an ordinary prudent person is orshould be aware.

      (b)   Each patron of an amusement ride has a duty to:

      (1)   Exercise the judgment and act in the manner of an ordinary prudentperson while participating in an amusement ride;

      (2)   obey all instructions and warnings, written or oral, prior to and duringparticipationin an amusement ride;

      (3)   refrain from participation in an amusement ride while under theinfluence of alcohol or drugs;

      (4)   engage all safety devices that are provided;

      (5)   refrain from disconnecting or disabling any safety device except at theexpress direction of the owner's agent or employee; and

      (6)   refrain from extending arms and legs beyond the carrier or seating areaexcept at the express direction of the owner's agent or employee.

      (c) (1)   A patron, or a patron's parent or guardian on a patron's behalf,shall report in writing to the owner any injury sustained on an amusement ridebefore leaving the premises, including:

      (A)   The name, address and phone number of the injured person;

      (B)   a full description of the incident, the injuries claimed, any treatmentreceived and the location, date and time of the injury;

      (C)   the cause of the injury, if known; and

      (D)   the names, addresses and phone numbers of any witnesses to the incident.

      (2)   If a patron, or a patron's parent or guardian on a patron's behalf, isunable to file a report because of the severity of the patron's injuries, thepatron or the patron's parent or guardian on the patron's behalf shall file thereport as soon as reasonably possible.

      (3)   The failure of a patron, or the patron's parent or guardian on apatron's behalf, to report an injury under this subsection shall have noeffect on the patron's right to commence a civil action.

      (d)   Any parent or guardian of a patron shall have a duty to reasonablyensurethat the patron complies with all provisions of this act.

      History:   L. 2008, ch. 142, § 7; Jan. 1, 2009.