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.
STATE OF NEW YORK
________________________________________________________________________
4739
2013-2014 Regular Sessions
IN ASSEMBLY
February 8, 2013
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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.