Bill Text: MI SB0475 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Torts; liability; trampoline court safety act; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-02-19 - Assigned Pa 0011'14 With Immediate Effect [SB0475 Detail]
Download: Michigan-2013-SB0475-Chaptered.html
Act No. 11
Public Acts of 2014
Approved by the Governor
February 18, 2014
Filed with the Secretary of State
February 18, 2014
EFFECTIVE DATE: February 18, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Senator Hildenbrand
ENROLLED SENATE BILL No. 475
AN ACT to enact the trampoline court safety act; to prescribe the duties and liabilities of trampoline court operators and persons who use trampoline courts; and to provide for the acceptance of certain risks by persons who use trampoline courts.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the “trampoline court safety act”.
Sec. 2. As used in this act:
(a) “Institutional trampoline” means a trampoline court trampoline intended for use in a commercial or institutional facility.
(b) “Operator” means a person that owns or controls or that has operational responsibility for a trampoline court.
(c) “Spectator” means an individual who is present in a trampoline court only for the purpose of observing trampoline court activity, whether recreational or competitive.
(d) “Trampoline court” means a defined area that contains 1 or more institutional trampolines or a series of institutional trampolines, a trampoline court foam pit, or a series of trampoline court foam pits.
(e) “Trampoline court foam pit” means a combination style dismount pit designed with a rebound device, covered with loose impact-absorbing blocks used in a trampoline court intended for use in a commercial or institutional facility.
(f) “Trampoline court trampoline” means a rebound device activated by vertical or lateral jumping used in a trampoline court.
(g) “Trampoliner” means an individual in a trampoline court for the purpose of trampolining.
(h) “Trampolining” means tumbling or jumping in a trampoline court.
Sec. 3. An operator shall do all of the following:
(a) Post the duties of trampoliners and spectators as prescribed in this act and the duties, obligations, and liabilities of operators as prescribed in this act in conspicuous places.
(b) Comply with the safety standards specified in ASTM F2970 - 13, “Standard Practice for Design, Manufacture, Installation, Operation, Maintenance, Inspection and Major Modification of Trampoline Courts” published in 2013 by the American society for testing and materials.
(c) Maintain the trampoline court according to the safety standards cited in subdivision (b).
(d) Maintain the stability and legibility of all required signs, symbols, and posted notices.
Sec. 4. An operator shall do both of the following:
(a) Deliver instructions concerning trampoline court rules to trampoliners before they participate in the trampoline court. The instructions may be delivered to trampoliners using video, audio, or computer-based programs, a prerecorded spiel, a written document, signage, verbal instruction, or other delivery method approved by the operator.
(b) Convey to trampoliners the substance of the trampoliner responsibility requirements under section 5.
Sec. 5. While in a trampoline court, a trampoliner shall do all of the following:
(a) Maintain reasonable control of his or her speed and course at all times.
(b) Read and follow all posted signs and warnings.
(c) Avoid bodily contact with other trampoliners or spectators.
(d) Not run on trampolines, over pads, or on platforms.
(e) Refrain from acting in a manner that may cause injury to others.
(f) Not participate in a trampoline court when under the influence of drugs or alcohol.
(g) Properly use all trampoline court safety equipment provided.
(h) Not participate in a trampoline court if he or she 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.
(i) Remove inappropriate attire, including hard, sharp, or dangerous objects, such as buckles, pens, purses, or badges.
(j) Conform with or meet height, weight, or age restrictions imposed by the operator to use or participate in the trampoline court activity.
(k) Avoid crowding or overloading individual sections of the trampoline court.
(l) Use the trampoline court within his or her own limitations, training, and acquired skills.
(m) Avoid landing on the head or neck. Serious injury, paralysis, or death can occur from that activity.
Sec. 6. An individual who participates in trampolining accepts the danger that inheres in that activity insofar as the dangers are obvious and necessary. Those dangers include, but are not limited to, injuries that result from collisions with other trampoliners or other 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 his or her common law duties.
Sec. 7. A trampoliner, spectator, or operator who violates this act is liable in a civil action for damages for the portion of the loss or damage that results from the violation.
Sec. 8. This act does not apply to a person that operates a gymnastics club or facility to which all of the following apply:
(a) The majority of the activities at the gymnastics club or facility are gymnastics-based.
(b) The majority of the revenue from the gymnastics club or facility is derived through supervised educational instruction classes or programs in which the student-to-coach or instructor ratio is based on age, skill level, and number of students.
(c) Gymnastics skills and basics are taught at the gymnastics club or facility through programs that use progression-oriented training and by supervised training and classes.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
