(A) A rider of a carnival or amusement device shall at a minimum:

(1) obey the posted rules and warnings and instructions for a carnival or amusement device issued by the owner of the carnival or amusement device or the owner's employee or agent; and

(2) refrain from acting in any manner that may cause or contribute to injuring the rider of a carnival or amusement device, or others, including:

(a) exceeding the limits of the rider's ability;

(b) interfering with safe operation of the carnival or amusement device;

(c) not engaging a safety mechanism provided on a carnival or amusement device;

(d) disconnecting or disabling a carnival or amusement safety device, except at the express instruction of the owner of the carnival or amusement device or the owner's agent or employee;

(e) altering or enhancing the intended speed, course, or direction of a carnival or amusement device;

(f) using, touching, or tampering with the controls of a carnival or amusement device designed solely to be operated by the owner of the carnival or amusement device or the owner's agent or employee;

(g) extending arms and legs beyond the carrier or seating area of a carnival or amusement device except at the express direction of the owner of the carnival or amusement device or the owner's agent or employee;

(h) throwing, dropping, or expelling an object from or toward a carnival or amusement device, except as permitted by the owner of the carnival or amusement device or the owner's agent or employee;

(i) getting on or off a carnival or amusement device, except at the designated time and area, if any, at the direction of the owner of the carnival or amusement device or the owner's agent or employee or in an emergency;

(j) not reasonably controlling the speed or direction of the rider or a carnival or amusement device that requires the rider to control or direct himself or the device; and

(k) overloading a carnival or amusement device beyond its designed capacity.

(B) A rider must not get on or attempt to get on a carnival or amusement device unless the rider, or the rider's parent or guardian on the rider's behalf, reasonably determines that, at a minimum, the rider:

(1) has sufficient knowledge to use, get on, and get off the carnival or amusement device safely without instruction or has requested and received before getting on the carnival or amusement device sufficient information to get on, use, and get off the device safely;

(2) has located, reviewed, and understood any signs in the vicinity of the carnival or amusement device and has satisfied any posted height or other restrictions or requirements;

(3) knows the range and the limits of his ability and knows that the requirements of the carnival or amusement device do not exceed those limits;

(4) is not under the influence of alcohol or any drug that affects his ability to safely use the carnival or amusement device or to obey the posted rules or warnings or instructions; and

(5) is authorized by the owner of the carnival or amusement device or the owner's agent or employee to get on the carnival or amusement device.

(C)(1) A rider, or a rider's parent or guardian on the rider's behalf, shall report in writing to the owner of the carnival or amusement device any injury sustained on a carnival or amusement device before leaving the owner's premises, including:

(a) the name, address, and phone number of the injured person;

(b) a full description of the incident, the injuries claimed, and 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 rider, or a rider's parent or guardian on the rider's behalf, is unable to file a report because of the severity of the rider's injuries, the rider, or the rider's parent or guardian, shall file the report as soon as reasonably possible.

(3) The failure of a rider, or a rider's parent or guardian on the rider's behalf, to report an injury under this subsection has no effect on the rider' s right to commence a civil action.

HISTORY: 2005 Act No. 30, Section 1, eff January 1, 2006.