language to be deleted (2) new language
Laws of Minnesota 1991 CHAPTER 162-H.F.No. 74 An act relating to municipal tort liability; specifying liability for injuries caused by beach and swimming pool equipment; amending Minnesota Statutes 1990, section 466.03, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1990, section 466.03, is amended by adding a subdivision to read: Subd. 6f. [BEACH OR POOL EQUIPMENT.] (a) Subject to paragraphs (b) and (c), any claim based upon an injury arising out of the use by any person of a diving board, diving platform, diving raft, water slide, nonwater slide, or dock installed at a beach or swimming pool owned, leased, or operated by a municipality other than a school district, if the injury occurred when the beach or swimming pool was closed as indicated by a sign posted at the beach or pool. (b) A municipality has a duty to use reasonable care to warn trespassers of any danger or risk involved with the use of beach or pool equipment described in paragraph (a) if the municipality: (1) knows or has reason to know that trespassers regularly use certain portions of the beach or pool equipment; (2) installs, operates, or maintains the equipment in a way known as likely to cause death or serious bodily harm; and (3) has reason to believe trespassers would not discover the risks involved in the use of the equipment. The requirements of this paragraph do not apply if a trespasser knows or has reason to know of the condition of the equipment and the risk involved in its use. (c) Nothing in this subdivision limits the liability of a municipality for conduct that would entitle trespassing children to damages against a private person. Presented to the governor May 20, 1991 Signed by the governor May 23, 1991, 7:18 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes