AB740: Bill Text

AB740,,49 (9) Reporting of injuries; emergency response plan. (a) An operator shall develop, implement, and follow an in-house injury reporting system and emergency response plan for injuries and shall retain any records related to the injury reporting system and emergency response plan.

AB740,,50 (b) An operator shall make available for inspection and copying the information contained in the injury reporting system required under par. (a) and the records specified in par. (a) upon request by the department, the department of health services, a local health department, or any affected party.

AB740,,51 (10) Responsibilities of participants. While in a trampoline court, an individual trampolining shall do all of the following:

AB740,,52 (a) Maintain reasonable control of his or her speed and course at all times.

AB740,,53 (b) Read and follow all posted signs and warnings.

AB740,,54 (c) Avoid bodily contact with other trampoliners or spectators.

AB740,,55 (d) Not run on trampolines, over pads, or on platforms.

AB740,,56 (e) Refrain from acting in a manner that may cause injury to others.

AB740,,57 (f) Not participate in trampolining when under the influence of drugs or alcohol.

AB740,,58 (g) Properly use all trampoline court safety equipment provided.

AB740,,59 (h) Not participate in trampolining if the individual has a preexisting medical condition, a bone condition, a circulatory condition, a heart or lung condition, a back or neck condition, high blood pressure, or a history of spine, musculoskeletal, or head injury, if he or she has had recent surgery, or if she may be pregnant.

AB740,,60 (i) Remove inappropriate attire, including hard, sharp, or dangerous objects, such as buckles, pens, purses, or badges.

AB740,,61 (j) Conform with or meet height, weight, or age restrictions imposed by the operator to use or participate in the trampoline court activity.

AB740,,62 (k) Avoid crowding or overloading individual sections of the trampoline court.

AB740,,63 (L) Use the trampoline court within the individual’s own limitations, training, and acquired skills.

AB740,,64 (m) Avoid landing on the head or neck.

AB740,,65 (11) Appreciation of risk. An individual who participates in trampolining accepts the dangers inherent in that activity insofar as the dangers are obvious and necessary. Those dangers include risk of injuries that result from collisions with other trampoliners or spectators, injuries that result from falls, injuries that result from landing on the trampoline, pad, or platform, and injuries that involve objects or artificial structures properly within the intended travel of the trampoliner that are not otherwise attributable to the operator’s breach of a duty under this section or under common law.

AB740,,66 (12) Inspection. (a) The department shall annually inspect each trampoline park to determine compliance with this section and the operational safety of the trampoline park and any device or material used in the trampoline park. The inspection shall also determine whether the trampoline park’s devices and materials are constructed, assembled, maintained, tested, and operated in accordance with the manufacturer’s recommendations.

AB740,,67 (b) During an inspection, the operator shall provide the department with all of the following:

AB740,,68 1. Proof that the trampoline court is maintained in good repair.

AB740,,69 2. A copy of the trampoline park’s emergency response plan.

AB740,,70 3. Maintenance, inspection, staff member training, and injury logs.

AB740,,71 (c) After an inspection, the department shall provide to the operator a written report documenting the inspection and summarizing the status of the operator’s compliance with this section.

AB740,,72 (13) Claims. Notwithstanding any provision in this section to the contrary, if a participant makes a claim against an operator for an injury resulting from an activity occurring at a trampoline park, all of the following apply:

AB740,,73 (a) The operator may raise as a defense the operator’s compliance with subs. (6), (7), (8), and (9).

AB740,,74 (b) The operator may raise as a defense the appreciation of risk from inherent dangers as described under sub. (11) or a participant’s failure to comply with any responsibilities described in sub. (10).

AB740,,75 (c) The court or jury shall consider, in accordance with the comparative negligence provisions in s. 895.045, any defense raised by the operator under par. (a) or (b).

AB740,2 Section 2. 101.19 (1g) (ar) of the statutes is created to read:

AB740,,77 101.19 (1g) (ar) Issuing and renewing licenses and making inspections for trampoline parks under s. 101.122.

AB740,3 Section 3. Nonstatutory provisions.

AB740,,79 (1) Using the procedure under s. 227.24, the department of safety and professional services may promulgate the rules required under ss. 101.19 (1g) (ar) and 101.122 (2) (b) and (5) (b) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB740,4 Section 4. Initial applicability.

AB740,,81 (1) The treatment of s. 101.122 (11) first applies to claims arising on the effective date of this subsection.

AB740,5 Section 5. Effective date.

AB740,,83 (1) This act takes effect on the first day of the 13th month after publication.

AB740,,84 (end)