Injured at a Skateboarding Park
I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today’s question comes from a caller concerned about an injury her son suffered while skateboarding at a park.
The injury occurred on a portion of a state park created to give skateboards a place to train and compete.
Nearby was an area created for BMX use, and another nearby area set aside for inline skating.
For skateboarders and BMX bikers, park creators typically use wood or poured concrete to create ramps with dips and hills. Sometimes the ramps will have stairs with railings. Some areas are limited to the practice of moves and maneuvers. Other areas are set aside for beginners.
Her son was a beginner, but somehow he was working out in an area geared to highly advanced skateboarders.
The park was privately owned. Many such parks are publicly owned, and to sue a public park notice of intent to sue typically must be given within 180 days of an injury incident in Indiana. Here a notice likely will not be required since the boy was in a private park and paid an entrance fee.
The boy’s mother said there were no signs warning of any dangers.
The boys’ father took photos of the park and the photos readily show that the park was not properly maintained. It is in a broken and deteriorated condition. The injury happened at dusk and the park is not illuminated by street lamps or other lighting. Moreover, the boy was leaning on a railing at the top of a run, when the railing gave way causing the boy to fall and break his arm.
Of course, the lack of warning signs, a deteriorated railing, and poor illumination suggest that the park operator may have been negligent.
However, the park will likely defend the case claiming that the boy assumed the inherent risks of skateboarding.
Assumption of risk applies when an injured party knows of a specific danger, understands the risk, and voluntarily exposes themselves to the danger.
To make an assumption of risk defense, the park will need to establish that the boy knew and appreciated the specific risk that led to the injury and that he voluntarily accepted the risk.
The defense might succeed with the assumption of risk defense if the boy was hurt on a ramp doing a skateboard maneuver. However, the boy fell when a railing gave way. So to prevail the park will need to show the boy knew the railing had deteriorated and used it anyway.
The problem for the park will be who was in a better position to know that the railing was weak, the boy or the park?
If the park operators knew the railing was weak, why was it not repaired? And, why did the park issue no warning that the railing was weak?
I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”
The post Ep 310 Injured at a Skateboarding Park first appeared on Personal Injury Primer.