07-10-2017 Council Packet - Laserfiche WebLink

Home Search

Subd. 6e. Parks and recreation areas. Any claim based upon the construction, operation, or maintenance of any property owned or leased by the municipality that is intended or permitted to be used as a park, as an open area for recreational purposes, or for the provision of recreational services, or from any claim based on the clearing of land, removal of refuse, and creation of trails or paths without artificial surfaces, if the claim arises from a loss incurred by a user of park and recreation property or services. Nothing in this subdivision limits the liability of a municipality for conduct that would entitle a trespasser to damages against a private person, except as provided in subdivision 23. Subd. 6f. Beach or pool equipment. (a) Subject to paragraphs (b) and (c), any claim based upon an injury arising out of the use by any person of a diving board, diving platform, diving raft, water slide, nonwater slide, or dock installed at a beach or swimming pool owned, leased, or operated by a municipality other than a school district, if the injury occurred when the beach or swimming pool was closed as indicated by a sign posted at the beach or pool. (b) A municipality has a duty to use reasonable care to warn trespassers of any danger or risk involved with the use of beach or pool equipment described in paragraph (a) if the municipality: (1) knows or has reason to know that trespassers regularly use certain portions of the beach or pool equipment; (2) installs, operates, or maintains the equipment in a way known as likely to cause death or serious bodily harm; and (3) has reason to believe trespassers would not discover the risks involved in the use of the equipment. The requirements of this paragraph do not apply if a trespasser knows or has reason to know of the condition of the equipment and the risk involved in its use. (c) Nothing in this subdivision limits the liability of a municipality for conduct that would entitle trespassing children to damages against a private person. Subd. 7. Other immunity. Any claim against a municipality as to which the municipality is immune from liability by the provisions of any other statute. Subd. 8. Other than property, personal injury, death. Any claim for a loss other than injury to or loss of property or personal injury or death. Subd. 9. Welfare benefits; exceptions. Any claim for a loss of benefits or compensation due under a program of public assistance or public welfare, except where municipal compensation for loss is expressly required by federal law in order for the municipality to receive federal grants-in-aid. Subd. 10. Municipal authorization standard not met. Any claim for a loss based on the failure of any person to meet the standards needed for a license, permit, or other authorization issued by the municipality or its agents. Subd. 11. Usual care and treatment, hospital, corrections. Any claim for a loss based on the usual care and treatment, or lack of care and treatment, of any person at a municipal hospital or corrections facility where reasonable use of available funds has been made to provide care. Subd. 12. Loss by municipal patient or inmate. Any claim for a loss, damage, or destruction of property of a patient or inmate of a municipal institution. Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 466.03MINNESOTA STATUTES 20163