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3. Maintenance, inspection, staff member training, and injury logs.
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(c) After an inspection, the department shall provide to the operator a written
24report documenting the inspection and summarizing the status of the operator's
25compliance with this section.
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1(13) Claims. Notwithstanding any provision in this section to the contrary, if
2a participant makes a claim against an operator for an injury resulting from an
3activity occurring at a trampoline park, all of the following apply:
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(a) The operator may raise as a defense the operator's compliance with subs.
5(6), (7), (8), and (9).
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(b) The operator may raise as a defense the appreciation of risk from inherent
7dangers as described under sub. (11) or a participant's failure to comply with any
8responsibilities described in sub. (10).
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(c) The court or jury shall consider, in accordance with the comparative
10negligence provisions in s. 895.045, any defense raised by the operator under par. (a)
11or (b).
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101.19
(1g) (ar) Issuing and renewing licenses and making inspections for
14trampoline parks under s. 101.122.
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(1) Using the procedure under s. 227.24, the department of safety and
17professional services may promulgate the rules required under ss. 101.19 (1g) (ar)
18and 101.122 (2) (b) and (5) (b) as emergency rules. Notwithstanding s. 227.24 (1) (a)
19and (3), the department is not required to provide evidence that promulgating a rule
20under this subsection as an emergency rule is necessary for the preservation of the
21public peace, health, safety, or welfare and is not required to provide a finding of
22emergency for a rule promulgated under this subsection.
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(1) The treatment of s. 101.122 (11) first applies to claims arising on the
25effective date of this subsection.
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(1)
This act takes effect on the first day of the 13th month after publication.