Section 408.681 – Short Title.
408.681 Short title. Sec. 1. This act shall be known and may be cited as “the playground equipment safety act”. History: 1997, Act 16, Eff. May 1, 1998
Section 408.682 – Definitions.
408.682 Definitions. Sec. 2. As used in this act: (a) “Person” means an individual, partnership, corporation, association, governmental entity, or other legal entity. (b) “Public playground equipment” means apparatus, including but not limited to slides, climbers, seesaws, and swings, designed for the recreational use of children and owned and operated by a local unit of […]
Section 408.683 – Public Playground Equipment; Liability as to State Civil Infraction; Separate Civil Action.
408.683 Public playground equipment; liability as to state civil infraction; separate civil action. Sec. 3. (1) The standards identified in section 4 determine responsibility for a state civil infraction under this act and do not establish liability in a separate civil action that is brought to recover damages caused by the maintenance, repair, upkeep, manufacture […]
Section 408.684 – Public Playground Equipment; Standards.
408.684 Public playground equipment; standards. Sec. 4. A person who for compensation manufactures or assembles public playground equipment that fails to comply with the following standards is subject to a state civil infraction under this act: (a) The “handbook for public playground safety” published for the U.S. consumer products safety commission, which is incorporated by […]
Section 408.685 – Violation of Act; Penalty; Default; Disposition of Collections.
408.685 Violation of act; penalty; default; disposition of collections. Sec. 5. (1) A person who violates this act in the manufacture of public playground equipment is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $10,000.00. (2) A person who violates this act in the […]
Section 408.686 – Public Playground Equipment; Responsibility for Maintenance, Repair, and Upkeep.
408.686 Public playground equipment; responsibility for maintenance, repair, and upkeep. Sec. 6. (1) Except as otherwise provided in subsection (2), the local unit of government, school district, or governmental entity that owns and operates the public playground equipment shall be responsible for the maintenance, repair, and upkeep of the public playground equipment according to the […]
Section 408.687 – Finding of Responsibility; Admissibility in Civil Action; Immunity; Other Defenses, Limitations, Remedies, or Rights.
408.687 Finding of responsibility; admissibility in civil action; immunity; other defenses, limitations, remedies, or rights. Sec. 7. (1) Evidence of a finding of responsibility for a state civil infraction under this act shall not be admissible in a civil action brought to recover damages incurred as a result of the manufacture or assembly of public […]