Minnesota Session Laws - 1991, Regular Session

  

                         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.