A. A rider, or his parent or guardian on a rider’s behalf, shall report in writing to the owner or operator any injury sustained on an amusement device before leaving the owner’s or operator’s premises, or, if the parent or guardian is not present, then as soon as reasonably possible, including (i) the name, address, and phone number of the injured person; (ii) a full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury; (iii) the cause of the injury, if known; and (iv) the names, addresses, and phone numbers of any witnesses to the incident, if known by the rider or his parent or guardian. 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. The failure of a rider, or his parent or guardian on a rider’s behalf, to report an injury under this subsection shall have no effect on the rider’s right to commence a civil action.

Terms Used In Virginia Code 59.1-520

  • Amusement device: means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion and (ii) a device suspended in the air by the use of steel cables, chains, belts, or ropes, and usually supported by trestles or towers with one or more spans, also known as a passenger tramway, used to transport passengers uphill. See Virginia Code 59.1-519
  • 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.
  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
  • Operator: means the entity listed as operator on the Certificate of Inspection issued for the amusement device pursuant to § 36-98. See Virginia Code 59.1-519
  • Owner: means the entity listed as owner on the Certificate of Inspection issued for the amusement device pursuant to § 36-98. See Virginia Code 59.1-519
  • Parent or guardian: means any parent, guardian, legal custodian or other person having immediate control or charge of a child. See Virginia Code 59.1-519
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Rider: means any person who is (i) waiting in the immediate vicinity to get on an amusement device; (ii) getting on an amusement device; (iii) using an amusement device; (iv) getting off an amusement device; or (v) leaving an amusement device and still in its immediate vicinity. See Virginia Code 59.1-519

B. A rider shall:

1. Obey the posted rules, warnings, and oral instructions for an amusement device issued by the owner, operator or an employee or agent of the owner or operator; and

2. Not intentionally act in any manner that may cause or contribute to injuring the rider or others, including:

a. Interfering with safe operation of the amusement device;

b. Failing to engage any safety devices that are provided;

c. Disconnecting or disabling a safety device except at the express instruction of the owner’s or operator’s agent or employee;

d. Altering or enhancing the intended speed, course, or direction of an amusement device;

e. Using the controls of an amusement device designed solely to be operated by the owner’s or operator’s agent or employee;

f. Throwing, intentionally dropping, or intentionally expelling an object from or toward an amusement device;

g. Getting on or off an amusement device except at the designated time and area, if any, at the direction of the owner’s or operator’s agent or employee, or in an emergency;

h. Not reasonably controlling the speed or direction of the rider or an amusement device that requires the rider to control or direct himself on a ride; and

i. Overloading an amusement device beyond its posted capacity.

2002, c. 788.