Skateboarding and scooter riding have surged in popularity among youth in recent years. Skate parks provide a designated area for these activities, keeping riders off streets and sidewalks. However, skate parks also pose risks if they are not properly designed, constructed, and maintained. This exposes municipalities operating skate parks to potential premises liability claims when injuries occur.
Duty of Care Owed by Municipalities
Under Nebraska law, municipalities have a duty to exercise reasonable care in maintaining property intended for recreational use like skate parks. This includes taking reasonable measures to protect lawful visitors against dangerous conditions. The standard of care is that of a reasonable person under the circumstances.
To establish municipal liability, an injured skate park visitor must show:
- The municipality owed them a duty of care
- The municipality breached this duty through negligent acts or omissions
- The breach of duty caused their injuries
- Damages resulted from the injuries
If the municipality failed to act reasonably in designing, building, or maintaining the skate park, they can be found negligent and held liable.
Common Hazards in Skate Parks
Skate parks contain various structures and terrain challenges. While thrilling, these features also pose risks:
- Poorly constructed ramps, handrails, or steps
- Slick or uneven pavement
- Holes, cracks, bumps, or debris
- Lack of railings near steep drops
- Insufficient lighting
- Lack of posted rules and warning signs
Such conditions increase the likelihood of collisions, falls, and other accidents. Municipalities must regularly inspect skate parks and promptly fix hazards before injuries occur.
Common Injuries from Skateboarding
Skateboarding is an exciting but high-risk activity. Riders perform tricks and stunts that frequently result in injuries. Some of the most common skateboarding injuries include fractures, dislocations, sprains, concussions, and abrasions.
Fractures often occur in the wrist, arm, ankle, or leg when riders fall suddenly and are unable to brace themselves. Dislocated shoulders and elbows can happen from falls as well. Sprains to the ankle and knee are also very prevalent, caused by twisting or rotating the joint beyond its normal range.
Concussions from falling and hitting one’s head are a major concern. Lacerations, scrapes, and road rash frequently result from falling onto the hard skating surface.
Wearing proper safety gear such as helmets, wrist guards, and pads can help reduce the severity and occurrence of skateboarding injuries. However, due to the nature of the activity, a certain risk of harm still exists. Being aware of the potential injuries can help skaters stay safe and know how to respond if an accident does happen.
Examples of Municipality Negligence
There are various ways a municipality may breach its duty of reasonable care at a skate park:
- Failing to repair broken or damaged equipment
- Allowing the skating surface to become cracked, pitted, or uneven
- Not ensuring adequate fencing, railings, or barriers around high-risk areas
- Allowing litter, gravel, or other debris to accumulate on the skating surface
- Failing to trim bushes, trees, or other vegetation that obstruct visibility
- Not addressing loitering, trespassing, or other misuse of the skate park
Such negligent acts or omissions demonstrate a failure to keep the premises reasonably safe. If an accident results, the injured party can seek compensation through a negligence claim.
Damages in Skate Park Injury Claims
If a municipality’s negligence caused a skate park injury, the victim can recover both economic and non-economic damages. Economic damages include medical bills, lost income, rehabilitation costs, and other monetary losses stemming from the injuries. Non-economic damages cover pain and suffering, loss of enjoyment of life, and other intangible harms.
Comparative Negligence
Nebraska follows modified comparative negligence rules. This means someone whose own negligence caused some of their injuries can still make a claim for compensation, but the award will be reduced by their percentage of fault. For example, if the plaintiff was 25% responsible for causing their own accident, their final damages would be reduced by 25%. However, if the plaintiff’s negligence equaled 50% or more, they cannot recover anything.
In skate park cases, issues like improper equipment, lack of safety gear, or reckless skating may factor into the liability analysis. Plaintiffs in these cases should consult a personal injury attorney to pursue compensation through settlement or trial.
Municipalities that operate skate parks have a responsibility to keep them reasonably safe through proper design, maintenance, and repair. By exercising due care and promptly fixing hazards, cities and towns can help prevent serious skateboard and scooter injuries and avoid costly premises liability claims.
If your child has been injured in a skate park and you believe the municipality is at fault, contact Monge & Associates. We have offices in 32 locations and 19 states, including Nebraska, Illinois, and Colorado.
Call now for a free consultation on (888) 477-0597.