Association of Towns - 69 th Training School & Annual Meeting Skateboard Parks and Other...
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Transcript of Association of Towns - 69 th Training School & Annual Meeting Skateboard Parks and Other...
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
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
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