Transcript No Slide Title

Association of Towns - 69th Training School
& Annual Meeting
Skateboard Parks and Other
Recreational Use Liability
Issues
Robert Bambino
New York Municipal Insurance Reciprocal
February 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 liability
Recommendations
 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 & Releases
Generally:

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
Exercise Walking
Swimming
Camping
Fishing
Exercise w/Equipment
Bicycle Riding
Bowling
Billiards/Pools
Basketball
Participants
(In Millions)
81
59
49
49
43
43
42
32
27
Change
1%
2%
-2%
5%
-4%
<1%
2%
<1%
-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
Ice Hockey
(Percentage of
Participants Injured)
3.6%
Football
2.8%
Basketball
2.6%
Soccer
1.4%
Baseball
1.2%
Volleyball
.5%
Skateboarding
.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 & Equipment
Location
 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 Form
 Require outside users
Release Agreement
Please read carefully before
signing
1.
2.
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.
I understand there are
inherent and other risks
involved in the sport for
which this equipment is to
be used: snow skinning, ice
skating,
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
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