Section 159-D - Liability related to a bicyclist using a drive-up window1.Limited liability. An establishment that has a drive-up window is not liable for personal injury, property damage or death caused to a bicyclist who uses that establishment's drive-up window. [2007, c. 400, §1(NEW).]
2.Limitations. This section does not limit any liability that may otherwise exist for willful or malicious actions or failures to guard or warn against a known dangerous condition related to the use of the drive-up window. [2007, c. 400, §1(NEW).]
3.No duty created. This section does not create a duty of care or ground for liability. [2007, c. 400, §1(NEW).]
4.Costs and fees. The court may award any direct legal costs, including reasonable attorney's fees, to an establishment that is found not to be liable for injury to a bicyclist pursuant to this section. [2007, c. 400, §1(NEW).]
2007, c. 400, § 1 (NEW) .