Bill Text: MI SB0475 | 2013-2014 | 97th Legislature | Engrossed
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-Engrossed.html
SB-0475, As Passed House, February 4, 2014
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 475
A bill 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.
