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Terms Used In Louisiana Revised Statutes 40:1485.3

  • Amusement ride: means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Owner: means a person or firm, or the agent of a person or firm, who owns an amusement attraction, amusement ride, or more than two inflatable amusement devices, and at least one of the person's or firm's inflatable amusement devices, amusement attractions, or amusement rides is utilized in this state. See Louisiana Revised Statutes 40:1484.3
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  A rider, or his parent or guardian on the rider’s behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner’s premises, including:

(1)  The name, address, and phone number of the injured person.

(2)  A full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury.

(3)  The cause of the injury, if known.

(4)  The names, addresses, and phone numbers of any witnesses to the incident.

B.  If the rider, or his parent or guardian on a rider’s behalf, is unable to file a report because of the severity of his injuries, he shall file the report as soon as reasonably possible.

C.  The failure of a rider, or his parent or guardian on a rider’s behalf, to report an injury as required by this Section shall have no effect on the rider’s right to commence a civil action.

Acts 2003, No. 928, §1.