SECOND REGULAR SESSION

HOUSE BILL NO. 1434

97TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES AUSTIN (Sponsor) AND JUSTUS (Co-sponsor).

5416L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 316, RSMo, by adding thereto one new section relating to the liability of amusement ride owners or operators.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 316, RSMo, is amended by adding thereto one new section, to be known as section 316.260, to read as follows:

316.260. 1. As used in this section, the following terms mean:

            (1) "Amusement park", a commercially operated enterprise that offers rides, games, and other forms of entertainment; and

            (2) "Amusement ride", as defined in section 316.203.

            2. No action shall be maintained against any amusement park, an owner or operator of an amusement park or amusement ride, or their employees or agents on account of any damages or injuries sustained due to a defect or unsafe condition of or on any real property where the amusement park is located, or any defect or unsafe condition of or on an amusement ride, unless and until the following notices have been given:

            (1) Written or verbal notification to the owner or operator of the amusement park or amusement ride within thirty-six hours of said damage or injury. Such notice shall include the location where and the time when such damage or injury occurred and the circumstances surrounding the occurrence; and

            (2) Written notification to the owner or operator of the amusement park or amusement ride within thirty days of said damage or injury. Such notice shall include the location where and the time when such damage or injury occurred and the circumstances surrounding the occurrence. If written notice was provided in compliance with subdivision (1) of this subsection, the requirements of this subdivision are waived.

            3. The notice required under subsection 2 of this section shall be waived if emergency services responded to the scene of the amusement park or amusement ride to treat any alleged injuries sustained due to any alleged defect or unsafe condition of such amusement park or amusement ride.