Kansas Statutes 44-1607. Patrons of amusement rides, acceptance of risk, duties
Terms Used In Kansas Statutes 44-1607
- Amusement ride: means any mechanical or electrical device that carries or conveys passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills or excitement, including, but not be limited to:
(A) Rides commonly known as ferris wheels, carousels, parachute towers, bungee jumping, reverse bungee jumping, tunnels of love, roller coasters, boat rides, water slides, inflatable devices, commercial zip lines, trampoline courts and go-karts;
(B) equipment generally associated with winter activities, such as ski lifts, ski tows, j-bars, t-bars, chair lifts and aerial tramways; and
(C) equipment not originally designed to be used as an amusement ride, such as cranes or other lifting devices, when used as part of an amusement ride. See Kansas Statutes 44-1601
- Antique amusement ride: means an amusement ride, as defined in subsection (a)(1), manufactured prior to January 1, 1930. See Kansas Statutes 44-1601
- Limited-use amusement ride: means an amusement ride, as defined in subsection (a)(1), owned and operated by a nonprofit, community-based organization that is operated for less than 20 days, or 160 hours, in a year and is operated at only one location each year. See Kansas Statutes 44-1601
- Owner: means a person who owns, leases, controls or manages the operations of an amusement ride and may include the state or any political subdivision of the state. See Kansas Statutes 44-1601
- Patron: means any individual who is:
(A) Waiting in the immediate vicinity of an amusement ride to get on the ride;
(B) getting on an amusement ride;
(C) using an amusement ride;
(D) getting off an amusement ride; or
(E) leaving an amusement ride and still in the immediate vicinity of the ride. See Kansas Statutes 44-1601
- Person: means any individual, association, partnership, corporation, limited liability company, government or other entity. See Kansas Statutes 44-1601
- Registered agritourism activity: means an amusement ride, as defined in subsection (a)(1), that is a registered agritourism activity, as defined in Kan. See Kansas Statutes 44-1601
(a) Each patron of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity, by participation, accepts the risks inherent in such participation of which an ordinary prudent person is or should be aware.
(b) Each patron of a ride has a duty to:
(1) Exercise the judgment and act in the manner of an ordinary prudent person while participating in a ride;
(2) obey all instructions and warnings, written or oral, prior to and during participation in a ride;
(3) refrain from participation in a ride while under the influence of alcohol or drugs;
(4) engage all safety devices that are provided;
(5) refrain from disconnecting or disabling any safety device except at the express direction of the owner‘s agent or employee; and
(6) refrain from extending arms and legs beyond the carrier or seating area except at the express direction of the owner’s agent or employee.
(c) Any parent or guardian of a patron shall have a duty to reasonably ensure that the patron complies with all provisions of this act.