Who's Liable for Skaters?

Who's Liable for Skaters?

Sean Fawbush

Published: April 1996

If you are a skater (or even biker or rollerblader), I'm sure you've been told by someone to leave a spot. And when asked why, they usually reply, "What if you hurt yourself, our insurance doesn't cover you?" I know you probably have heard this or at least something to that effect. This article isn't directed to the skater/biker/blader. It is for the business and property owners.

Everyone that participates in extreme sports realizes that you cannot land every trick all the time. If you fall, it is through no fault of the property owner. It seems that no matter how many times I've tried to explain this to people - they just don't want to listen. Maybe if it's put in writing, changing the scenario from skating to...say football, it might be understood. Here goes.

You and your friends are playing football on someone else's property. Let's say you're running down the field to catch the ball. While running, you jump to catch the ball - but you miss, fall and sprain or break your wrist. Whose fault is it? Is it the property owner's? Of course not! It's your fault, plain and simple. Football, soccer, skateboarding, it's all the same to me. Yet to most people it's not. However, as proven by the American Medical Association, skateboarding has no where near the number of injuries per year as football or soccer. Of course more people play football and soccer than skateboarding. But, if you're a business or property owner and see a group of people playing football on one half of your property, and skaters on the other half, whom would you ask to leave first and why? Probably the skaters. Would it be because you were afraid of them getting hurt, or because you don't really understand skaters and the sport of skateboarding?

You can be honest. Most people don't understand skating and think skateboarding is a completely "different" type of sport. There are teams (companies and shops), but they don't compete against each other in contests. It's individual versus individual. There is also no set goal to aim for or points to get. The only goal is the goal you set for yourself; a certain trick to land, stairs to ollie, etc. Just pushing yourself to the next level, taking it further, faster, higher...to the extreme. Similar to a rock climber who conquers a 1500 foot cliff and is ready to tackle the 2000 foot cliff. You don't do it for a team; you do it for yourself.

I've had parents come into my skateshop with their child who skates and have stated to me that they just don't understand it. My usual answer to them is, "You have to be a skater to truly understand skating."

So what can be done to rectify this lawsuit problem? From a skater's point of view, it would be great if business and property owners would just relax and not worry about the liability issue. An idea for them would be to use signs stating, "Skate at Your Own Risk." Such would be a welcomed change and an indication that society is finally accepting an unrecognized sport that has been around since at least the 1950's.