SB-0281, As Passed House, November 1, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 281

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to require the operators of bowling centers to give

 

certain notices to bowlers; and to grant immunity from civil

 

liability to operators of bowling centers.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"bowling center act".

 

     Sec. 2. As used in this act:

 

     (a) "Bowler" means a person in a bowling center for the

 

purpose of recreational or competitive bowling.

 

     (b) "Bowling center" means a structure that has an area

 

specifically designed to be used by the public for recreational or


 

competitive bowling.

 

     (c) "Bowling shoes" means shoes that are specifically designed

 

for the purpose of recreational or competitive bowling.

 

     (d) "Operator" means a person that owns, manages, controls,

 

directs, or has the responsibility of operating a bowling center.

 

     Sec. 3. An operator shall post a conspicuous notice in a

 

conspicuous place near each entrance to and exit from a bowling

 

center that reads as follows:

 

     "Do not wear bowling shoes outside. Bowling shoes are

 

specialized footwear for indoor use only. Bowling shoes worn

 

outside may be affected by substances or materials including but

 

not limited to snow, ice, rain, moisture, food, or debris that may

 

cause the person wearing the bowling shoes to slip, trip, stumble,

 

or fall on the floor or alley surfaces inside the bowling center.

 

Michigan law makes a bowling center posting this notice immune from

 

liability for such an injury.".

 

     Sec. 4. (1) If an operator posts a notice as required by

 

section 3, the operator is not civilly liable for injuries to a

 

bowler resulting from a slip, trip, stumble, or fall inside the

 

bowling center substantially caused by a substance or material on

 

the bowler's bowling shoes that was acquired outside the bowling

 

center before the bowler entered or reentered the bowling center.

 

     (2) The protection from liability under this section does not

 

apply if the injury results from acts or omissions amounting to

 

willful or wanton misconduct or if the operator fails to maintain

 

the premises in a reasonably safe condition and the condition

 

substantially causes the injury to the bowler.


 

     Sec. 5. This act applies only to a cause of action that

 

accrues on or after January 1, 2012.