1. Association of Towns - 69 th Training School & Annual Meeting Skateboard Parks and Other Recreational Use Liability Issues Robert Bambino New York Municipal Insurance Reciprocal February 18, 2002

2. Topics We’ll Cover:  Coverage Issues  Legal Liability Exposures  Recreational Exposures  The Skating Dilemma  Community Use of Recreational Facilities

3. 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

4. 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

5. 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

6. 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  T he 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

7. Sports/Recreational 2000 Participation ActivityParticipants (In Millions) Change Exercise Walking811% Swimming592% Camping49-2% Fishing495% Exercise w/Equipment43-4% Bicycle Riding43<1% Bowling422% Billiards/Pools32<1% Basketball27-8%

8. Sports/Recreational 2000 Participation ActivityParticipants (In Millions) Change Aerobic Exercising274% Golf27-3% Weight Lifting25NA Boating24-1% Hiking24-16% Running23<1% Skateboarding932%

9. 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

10. The Skating Dilemma SKATE PARK RULES AND REGULATIONS

11. 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

12. How Dangerous is Skateboarding? SportInjury Rate (Percentage of Participants Injured) Ice Hockey3.6% Football2.8% Basketball2.6% Soccer1.4% Baseball1.2% Volleyball.5% Skateboarding.5%

13. 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

14. 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

15. 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

16. 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

17. 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

18. Community Use of Facilities Swimming and Diving Center

19. 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

20. Risk Control Techniques Inspect facilities used by outside groups Quickly respond when notified of a defect or problem Implement a hazard reporting system

21. Use of Facilities Form Require 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,

22. 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)

23. 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

24. Questions? Session Information will be on our web site: www.nymir.orgwww.nymir.org Go to Risk Management Section