Montana § 27-1-745 - Injury Reports And Investigations

§ 27-1-745. Injury Reports And Investigations

Injury reports and investigations. (1) (a) A passenger who is injured on or by an amusement ride is encouraged to report the injury to the operator before leaving the amusement ride premises. The passenger shall, if possible, not later than 6 months after the injury, report the injury to the operator or to the owner of the premises where the amusement ride was located at the time of the injury. The report must include: (i) the passenger's name, address, and telephone number; (ii) a brief description of the injury and how it occurred, including the date, approximate time, location, and amusement ride on which the injury occurred; and (iii) the names, addresses, and telephone numbers of known witnesses to the injury. (b) The operator shall provide to the person who was injured and who has filed an injury report: (i) the individual operator's name, current address, and telephone number; (ii) a brief description of the ride, the maintenance schedule for the ride, and the manufacturer of the ride; (iii) the names, current addresses, and telephone numbers of all known witnesses to the injury; and (iv) a copy of the most recent inspection certificate as required by 27-1-749 and the inspector's name, current address, and telephone number. (2) The report must be kept by the operator for at least 3 years after its receipt and must be made available for inspection by the injured passenger or the passenger's agent during business hours. (3) (a) In the event of a serious injury or illness reported pursuant to subsection (1), the operator shall initiate an investigation conducted by a qualified inspector. The amusement ride may not be reopened to the public until the investigation is complete and the qualified inspector determines the ride to be safe for public use. (b) The cost of an investigation resulting from the serious injury or illness must be paid by the operator. (c) If the qualified inspector determines that the serious injury or illness was caused by the rider's failure to comply with the posted safety rules or with instructions given by the ride operators, the investigation must be concluded.