Montana Code Annotated 2023

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 7. Liability

Operator's Responsibilities

27-1-743. Operator's responsibilities. An operator shall:

(1) exercise reasonable care in constructing, erecting, maintaining, operating, and supervising amusement rides to ensure the safety of passengers;

(2) ensure that there is an adequately staffed first-aid station and a location for reporting injuries and accidents. For the purposes of this section, one adequately staffed first-aid station and a single location for reporting injuries and accidents on a site where multiple operators are grouped in a fair or carnival formation are sufficient.

(3) ensure that when supervising or operating a ride, the operator or an employee of the operator is not under the influence of alcohol or drugs; and

(4) post in a conspicuous place on the amusement ride grounds an easily readable sign that lists the passenger and operator responsibilities and prohibitions contained in 27-1-744 and this section, as well as additional language or another sign near the entrance to each ride that includes:

(a) operational instructions, if any;

(b) safety guidelines for the ride, if any;

(c) restrictions on the use of the amusement ride, if any;

(d) behavior or activities that are prohibited, if any; and

(e) the following statement: "State law requires riders and passengers to obey all warnings and directions for this ride and behave in a manner that will not cause or contribute to injury to themselves or others. Riders must report injuries before leaving the premises".

History: En. Sec. 3, Ch. 370, L. 1999.