Kansas Statutes 44-1609. Occurrence of serious injury
Terms Used In Kansas Statutes 44-1609
- 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
- Qualified inspector: means a person who:
(1) Is a licensed professional engineer, as defined in Kan. 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
- Serious injury: means an injury that results in:
(1) Death, dismemberment, significant disfigurement or permanent loss of the use of a body organ, member, function or system;
(2) a compound fracture; or
(3) other injury or illness that requires immediate admission and overnight hospitalization, and observation by a licensed physician. See Kansas Statutes 44-1601
Whenever a serious injury results from the operation of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity:
(a) Operation of the ride shall immediately be discontinued;
(b) operation of the ride shall not be resumed until it has been inspected and the qualified inspector has approved resumption of operation; and
(c) the owner, within 30 days after the injury, shall notify the manufacturer of the ride, if the manufacturer is known and in existence at the time of the injury.