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Key: (1) 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.  
     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 
    (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