Kansas Statutes 44-1618. Injury reports; notice of injury to department; suspension of operation; investigations
Terms Used In Kansas Statutes 44-1618
- 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
- Department: means the department of labor. See Kansas Statutes 44-1601
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
- 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
- Operator: means a person actually supervising, or engaged in or directly controlling the operations of an amusement ride. 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
- Parent or guardian: means any parent, guardian or custodian responsible for the control, safety, training or education of a minor or an adult or minor with an impairment in need of a guardian or a conservator, or both, as those terms are defined by Kan. 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
- Secretary: means the secretary of labor. 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
(a) (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 ride, antique amusement ride, limited-use amusement ride or registered agritourism activity before leaving the premises. Such report shall include:
(A) The name, address and phone number of the injured person;
(B) a full description of the incident, the injuries claimed, any treatment received 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, is unable to file a report because of the severity of the patron’s injuries, the patron or the patron’s parent or guardian shall file the report as soon as reasonably possible.
(3) The owner shall prominently display signage at the point of admission or ticket sale and at least two other locations in close proximity to the amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity explaining a patron’s duty to report injuries sustained on such ride. Such signage shall include instructions on how to contact the owner’s representatives if immediate assistance is needed and how to make an injury report.
(4) The failure of a patron, or the patron’s parent or guardian, to report an injury under this subsection shall have no effect on the patron’s right to commence a civil action.
(b) The owner of an amusement ride, antique amusement ride, limited-use amusement ride or registered agritourism activity shall notify the department of any serious injury reported by a patron, or any injury caused by a malfunction or failure of a ride or caused by an operator or patron error. Such notification shall be submitted to the department within 72 hours of the time that the operator becomes aware of the injury.
(c) If a serious injury occurs, the equipment or conditions that caused the injury shall be preserved for the purpose of an investigation by the department and such ride shall be immediately removed from service. Except as provided in subsection (d), upon notification, the department shall acknowledge receipt of such notice and determine if an investigation of a serious injury is necessary. If an investigation is not commenced within 24 hours after the department receives notification of such injury, then an investigation shall be deemed unnecessary.
(d) If the serious injury results in the death of a patron, the owner shall notify the department of the injury as soon as possible. Such notification shall be by telephone initially with a written notification sent within 24 hours after the initial notice. If the patron’s death is related to a major malfunction of the ride, an investigation shall be required and the department shall commence such investigation within 24 hours after receiving initial notice of the injury. No part of the ride or the ride itself, shall be moved or repaired without the written approval of the secretary, or the secretary’s designee, except that nothing in this subsection shall be construed so as to hinder emergency response personnel from performing their duties, or to prevent the elimination of an obvious safety hazard. The owner shall provide the department with complete access to the ride and all related premises for the purposes of the investigation and shall provide all information related to the cause of the injury to the department.