A04739 Summary:

BILL NO    A04739 

SAME AS    SAME AS S04179

SPONSOR    Schimminger (MS)

COSPNSR    Kolb, Peoples-Stokes, Corwin

MLTSPNSR   Lupinacci

Add S390-d, Gen Bus L

Requires operators of bowling centers to give certain notices to bowlers about
bowling shoes and grants immunity from civil liability to operators of bowling
centers from certain actions.
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A04739 Actions:

BILL NO    A04739 

02/08/2013 referred to consumer affairs and protection
01/08/2014 referred to consumer affairs and protection
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A04739 Votes:

There are no votes for this bill in this legislative session.
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A04739 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4739
 
SPONSOR: Schimminger (MS)
  TITLE OF BILL: An act to amend the general business law, in relation to requiring the operators of bowling centers to give certain notices to bowlers and to grant immunity from civil liability to operators of bowl- ing centers from certain lawsuits   PURPOSE OF THE BILL: To protect bowling center operators, who main- tain a safe premise and post notices to warn patrons of the dangers of wearing bowling shoes outside, from civil liability for injuries to a bowler from falls caused by a substance or material on their bowling shoes, the bowler acquired outside.   SUMMARY OF SPECIFIC PROVISIONS: Section one contains the title, the "Bowling Center Act". Section two contains definitions and provides protection from civil liability to bowling center operators, who maintain a reasonably safe premise and post conspicuous notices at every entrance and exit to warn persons of the dangers of wearing bowling shoes outside. Section three contains the effective date.   JUSTIFICATION: There have been numerous instances of slips and falls in bowling facilities as a result of individuals going outside and returning with substances or materials on their bowling shoes. This bill will help to protect bowling alley operators, who maintain a safe prem- ise and take necessary precautions to warn patrons of the dangers of wearing bowling shoes outside, from civil liability for injuries to a bowler from falls caused by a substance or material on their bowling shoes, the bowler acquired outside. The states of Illinois and Michigan have enacted similar laws.   PRIOR LEGISLATIVE HISTORY: A.10365 of 2012.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A04739 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4739
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2013
                                       ___________
 
        Introduced  by  M.  of A. SCHIMMINGER, KOLB -- read once and referred to
          the Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to  requiring  the
          operators of bowling centers to give certain notices to bowlers and to
          grant  immunity  from  civil liability to operators of bowling centers

          from certain lawsuits
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. This act shall be known, and may be cited as, the "bowling
     2  center act".
     3    § 2. The general business law is amended by adding a new section 390-d
     4  to read as follows:
     5    § 390-d. Bowling centers. 1. Definitions. As used in this section:
     6    (a) "Bowler" means a person in a bowling center  for  the  purpose  of
     7  recreational or competitive bowling.
     8    (b)  "Bowling  center" means a structure that has an area specifically
     9  designed to be used by the public for recreational or competitive  bowl-
    10  ing.
    11    (c) "Bowling shoes" means shoes that are specifically designed for the

    12  purpose of recreational or competitive bowling.
    13    (d)  "Operator"  means a person that owns, manages, controls, directs,
    14  or has the responsibility of operating a bowling center.
    15    2. Notices. An operator shall post a conspicuous notice in a conspicu-
    16  ous place near each entrance to and exit  from  a  bowling  center  that
    17  reads as follows:
    18    "Do  not  wear  bowling  shoes  outside. Bowling shoes are specialized
    19  footwear for indoor use only. Bowling shoes worn outside may be affected
    20  by substances or materials including but not limited to snow, ice, rain,
    21  moisture, food, or debris that may cause the person wearing the  bowling
    22  shoes  to  slip,  trip,  stumble, or fall on the floor or alley surfaces
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08636-01-3

        A. 4739                             2
 
     1  inside the bowling center. New York law makes a bowling  center  posting
     2  this notice immune from liability for such an injury."
     3    3.  Liability. (a) If an operator posts a notice as required by subdi-
     4  vision two of this section, the operator is not civilly liable for inju-
     5  ries to a bowler resulting from a slip, trip, stumble,  or  fall  inside
     6  the  bowling  center  substantially caused by a substance or material on
     7  the bowler's bowling shoes that was acquired outside the bowling  center

     8  before the bowler entered or reentered the bowling center.
     9    (b) The protection from liability under this section does not apply if
    10  the injury results from acts or omissions amounting to willful or wanton
    11  misconduct  or  if  the  operator  fails  to  maintain the premises in a
    12  reasonably safe condition and the  condition  substantially  causes  the
    13  injury to the bowler.
    14    § 3. This act shall take effect immediately.
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