Association of Towns - 69th Training School & Annual Meeting 

Skateboard Parks and Other Skateboard Parks and Other Recreational Use Liability Recreational Use Liability

IssuesIssues

Robert Bambino

New York Municipal Insurance ReciprocalFebruary 18, 2002

Topics We’ll Cover:

Coverage Issues Legal Liability Exposures Recreational Exposures The Skating Dilemma Community Use of Recreational Facilities

Coverage Issues Public Liability Policies typically include

coverage for recreational liability exposures Some insurers exclude coverage for skateboard or

inline skating facilities. Others will underwrite it for an additional premium

Insurers periodically exclude coverage for participant’s liabilityRecommendations

Check with your agent/insurer Make sure coverage extends through the Excess

Policy

What do Underwriters Consider when Evaluating Skateboard Parks? Size Number of participants Supervision Type and number of ramps Fencing/signage Loss history Use of waivers

Legal Liability Exposures Speak with Town Counsel Plaintiffs have to prove negligence “Reasonable” person standard applies

- What do other municipalities do? - Standards/Codes

Notice is an issue Generally: Immunity under the Gen. Obligations Law

for certain activities, such as hiking, cross country skiing, bicycle riding, sleigh riding and snow mobile operation – not for willful/malicious conduct

Use of waivers/release documents

Waivers & ReleasesGenerally:

Clearly Title the Document Indicate that the participant is aware of and understands the dangers of the specific activity The specific dangers to be anticipated in the

activity should then be explained

The participant voluntarily releases the recreation provider, its employees and agents from any liability from any injuries or death resulting from the activity

If participant is a minor, document should be signed by a parent or guardian

Sports/Recreational 2000 Participation

Activity Participants

(In Millions)

Change

Exercise Walking 81 1%

Swimming 59 2%

Camping 49 -2%

Fishing 49 5%

Exercise w/Equipment 43 -4%

Bicycle Riding 43 <1%

Bowling 42 2%

Billiards/Pools 32 <1%

Basketball 27 -8%

Sports/Recreational 2000 Participation

Activity Participants

(In Millions)

Change

Aerobic Exercising 27 4%

Golf 27 -3%

Weight Lifting 25 NA

Boating 24 -1%

Hiking 24 -16%

Running 23 <1%

Skateboarding 9 32%

Recreational Exposures

Exercise Walking

- “Fitness Trails” – maintain equipment & instructional signs

- Walking Trails – respond to notice of defects & maintain signs

Swimming

- Beaches: signs/certified lifeguards/cell-phones or radios/weather emergencies. Respond when notified of unauthorized swimming

The Skating Dilemma

SKATE PARK RULES AND REGULATIONS

Skateboarding Exposures

7-10 million skateboarders 8-10% annual increase in participation Over 300 skate parks in use Over 54,000 participant injuries; a 13%

increase in injuries Most common reason for injury – falls

from irregular surfaces or debris on the riding surface

How Dangerous is Skateboarding?

Sport Injury Rate(Percentage of

Participants Injured)

Ice Hockey 3.6%

Football 2.8%

Basketball 2.6%

Soccer 1.4%

Baseball 1.2%

Volleyball .5%

SkateboardingSkateboarding .5%.5%

How Litigious are Skateboarders?…Not Very! Injuries are usually not serious “Skateboarding” culture – injuries are part of the sport Many participants develop a sense of “ownership” to the parks they

helped build Survey from California & Washington State – two claims in 20

years of operation.

NYMIR’s Experience: Very few claims Allegations - overcrowding/debris on surface

Risk Control Recommendations Building a Skating Facility

Check local ordinances Arrange for adequate space - at least 9,000 sq. feet Retain an experienced design professional &

contractor. No national standards at this time Get certificates of insurance Specs should include the maximum number of

skaters, ramp heights, signage, lighting, fencing & maintenance

Compliance with the ADA

Risk Control Techniques

Require use of personal protective equipment (PPE) by all skaters

Sign the facility – hours of operation, PPE requirements, minimum age, sign-in procedures, etc.

Institute a maintenance program that involves daily inspections and clean-up schedules

Consider supervision Involve the skating community in planning

Selecting a Location & EquipmentLocation Away from traffic Within an existing park or in a public location Near public transportation Layout- - Flat terrain

- Sufficient egress- No cross patterns – runs should be roughly parallel

- Segregate ramps by difficulty level - Emergency egress

Risk Control Techniques

Skateboarding on Existing Surfaces or Facilities Choose a safe location Check surfaces - smooth, paved & vehicle-free

during skating periods Inspect routinely for defects and debris Promptly respond to notifications of unsafe

conditions or unauthorized activities

Community Use of Facilities

Swimming and Diving Center

Liability Exposures

Increased demand for municipal facilities - ball fields, basketball courts, meeting rooms, recreational facilities

Outside use increases the likelihood of accidents

Accidents often result in claims. Typical allegations include failure to: maintain/manage facilities; warn of hazards; provide adequate equipment; respond to notice of defects

Risk Control Techniques

Inspect facilities used by outside groups

Quickly respond when notified of a defect or problem

Implement a hazard reporting system

Use of Facilities FormRequire outside users to

complete a Use of Facilities form

Include rules for facility users, conditions of use, language concerning damage, maintenance, etc.

Include a hold harmless agreement

Release Agreement

Please read carefully before signing

1. I accept for use as is, the equipment listed on this form and accept responsibility for the care of this equipment while in my possession.

2. I understand there are inherent and other risks involved in the sport for which this equipment is to be used: snow skinning, ice skating,

Insurance from Outside Groups

Who Should Provide Coverage? Philosophies Differ – Generally….

- National Organizations/Regional Clubs/Leagues have coverage in place

- Municipalities and schools

- Other groups that present a serious exposure (groups that use athletic facilities routinely)

Recommended Coverages

Commercial General Liability-

- $1 Million Each Occurrence/ $2 million Aggregate

- Municipality listed as an additional insured

- No participant liability exclusion

- Have attorney/broker/consultant/insurer review the certificate

Questions?

Session Information will be on our web site: www.nymir.org

Go to Risk Management Section