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90_HB3346
New Act
Creates the Bowling Center Safety Act. Sets forth
responsibilities of operators of bowling centers and
bowlers. Provides that bowlers and spectators are deemed to
have knowledge of and to assume the inherent risks of
bowling. Provides that this assumption of risk is a complete
bar of suit and is a complete defense to a suit against an
operator by a bowler or spectator for injuries resulting from
the assumed risks of bowling unless the operator has violated
his or her duties or responsibilities under the Act.
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1 AN ACT in relation to bowling centers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Bowling Center Safety Act.
6 Section 5. Legislative findings and declarations. The
7 General Assembly finds and declares that the recreational
8 sport of bowling is practiced by a large number of citizens
9 of this State; bowling is a wholesome and healthy family
10 activity that should be encouraged; and the allocation of
11 risks and costs of bowling is an important matter of public
12 policy.
13 The General Assembly further finds and declares that the
14 owners of bowling centers face great difficulty in obtaining
15 liability insurance coverage at an affordable cost and that
16 the lack of affordable insurance coverage affects not only
17 owners of bowling centers, but also patrons who may suffer
18 personal injury or property damage as a result of accidents
19 that occur on the premises of a bowling center. In order to
20 make it more economically feasible for insurance companies to
21 provide coverage to bowling centers at an affordable rate to
22 the owners, occurrences resulting in liability to the owners
23 should be more predictable by limiting the liability that may
24 be incurred by the owners and encouraging the development and
25 implementation of risk reduction techniques. This Act should
26 be liberally construed to best carry out the purposes of this
27 Act.
28 Section 10. Definitions. As used in this Act:
29 "Operator" means a person or entity that owns, manages,
30 controls, directs, or has operational responsibility for a
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1 bowling center.
2 "Bowler" means a person in a bowling center for the
3 purpose of recreational or competitive bowling. "Bowler" also
4 includes any person in a bowling center who is an invitee,
5 whether or not that person pays consideration.
6 "Bowling center" means a building, facility, or premises
7 that provides an area specifically designed to be used by the
8 public for recreational or competitive bowling.
9 "Spectator" means a person who is present in a bowling
10 center only for the purpose of observing recreational or
11 competitive bowling.
12 Section 15. Operator responsibilities. It is the
13 responsibility of the operator to the extent practicable to:
14 (1) Post the duties of bowlers and spectators and the
15 duties and obligations of the operator as prescribed in this
16 Act in conspicuous places in at least 3 locations in the
17 bowling center.
18 (2) Comply with all bowling center safety standards
19 published by a recognized association of bowling center
20 operators, including but not limited to the proper
21 maintenance of bowling equipment and bowling facilities.
22 (3) Maintain the stability and legibility of all signs,
23 symbols, and posted notices required by this Act.
24 (4) When the bowling center is open for bowling, have at
25 least one supervisor on duty.
26 (5) Maintain the bowling facilities in a reasonably safe
27 condition and clean and inspect the bowling facilities before
28 each session.
29 (6) Install fire extinguishers and inspect fire
30 extinguishers at recommended intervals.
31 (7) Inspect emergency lighting units periodically to
32 ensure the lights are in proper order.
33 (8) Check rental equipment on a regular basis to ensure
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1 the equipment is in good condition.
2 (9) Comply with all applicable State and local safety
3 codes.
4 Section 20. Bowler responsibilities. It is the
5 responsibility of each bowler to:
6 (1) Maintain reasonable control of the bowler's actions
7 at all times.
8 (2) Heed all posted signs and warnings.
9 (3) Refrain from acting in a manner that may cause or
10 contribute to the injury of the bowler or any other person.
11 Section 25. Assumption of risk. Bowlers and spectators
12 are deemed to have knowledge of and to assume the inherent
13 risks of bowling.
14 Section 30. Bar of suit; complete defense. The
15 assumption of risk set forth in Section 25 is a complete bar
16 of suit and is a complete defense to a suit against an
17 operator by a bowler or spectator for injuries resulting from
18 the assumed risks of bowling unless the operator has violated
19 his or her duties or responsibilities under this Act.