Extreme Sports Areas: Tort Claims Limitation

1

Extreme Sport Areas: Tort Claims Limitation

States and localities have been providing recreation areas for children and teens since the advent of swings and parks. As government entities, they also have enjoyed a degree of immunity from liability for the injuries to people who use the recreation areas. However, riskier forms of recreation such as skateboarding and other “extreme” sports are causing governments to examine their liability for public facilities that are designed for riskier types of recreation. Iowa and Indiana are two examples.

Iowa Code Title XV, Chapter 670.4 reads in part:

The liability imposed (by section 670.2) shall have no application to any claim enumerated in this section. As to any such claim, a municipality shall be liable only to the extent liability may be imposed by the express statute dealing with such claims and, in the absence of such express statute, the municipality shall be immune from liability... 14. Any claim based upon or arising out of a claim of negligent design or specification, negligent adoption of design or specification, or negligent construction or reconstruction of a public facility designed for purposes of skateboarding or in-line skating that was constructed or reconstructed in accordance with a generally recognized engineering or safety standard, criteria, or design theory in existence at the time of the construction or reconstruction. 15. Any claim based upon or arising out of an act or omission of an officer or employee of the municipality or the municipality’s governing body by a person skateboarding or in-line skating on public property when the person knew or reasonably should have known that the skateboarding or in-line skating created a substantial risk of injury to the person and was voluntarily in the place of risk. The exemption from liability contained in this subsection shall only apply to claims for injuries or damage resulting from the risks inherent in the activities of skateboarding or in-line skating… The remedy against the municipality (provided by section 670.2) shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against the officer, employee or agent whose act or omission gave rise to the claim, or the officer’s, employee’s, or agent’s estate. This section does not expand any existing cause of action or create any new cause of action against a municipality.

This SSL draft is based on Indiana legislation. It provides that governmental entities that operate extreme sports areas have limited tort claims immunity for damages at an extreme sports areas if: • A set of rules governing the use of the facilities are clearly posted at each entrance to the extreme sports areas; and • A warning concerning the hazards and dangers associated with the use of the facilities is clearly posted at each entrance to the extreme sports areas. The legislation also provides that governmental entities that operate extreme sports areas are required to maintain the areas in a reasonably safe condition.

Submitted as: Indiana SB 141 (enrolled version) Status: enacted into law in 2001.

Suggested Legislation

(Title, enacting clause, etc.)

Section 1. [Short Title.] This Act may cited as “An Act to Limit the Liability of Government

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Entities that Build or Operate Extreme Sport Areas.”

Section 2. [Definitions.] As used in this Act: “Extreme Sport Area,” means an indoor or outdoor ramp, course, or area specifically designated for the exclusive recreational or sporting use of [one (1)] or more types of extreme sport equipment. The term does not include property used at any time as a public sidewalk, footpath, vehicle parking lot, multiple use trail, multiple use greenway, or other public way. “Extreme sport equipment,” means any of the following non-motorized devices: (1) Skateboards. (2) Roller skates. (3) Inline skates. (4) Freestyle bicycles. (5) Mountain bicycles. (6) An apparatus that is: (i) wheeled; (ii) recreational or sporting in nature; (iii) powered solely by the physical efforts of the user; and (iv) generally known, as the term is used in the [insert citation], as an apparatus used for extreme sport. “Governmental entity,” means the state or a political subdivision of the state. “Operator,” means a person or an entity, other than a governmental entity or an employee of a governmental entity, that owns, manages, controls, directs, or has operational responsibility for a roller skating rink.

Section 3. [Liability: Governmental Entities and Employees for Extreme Sports Areas.] (a) A governmental entity or an employee acting within the scope of the employee’s employment is not liable if a loss results from the following: (1) The temporary condition of a public thoroughfare or extreme sport area that results from weather. (2) The design, construction, control, operation, or normal condition of an extreme sport area, if all entrances to the extreme sport area are marked with: (i) a set of rules governing the use of the extreme sport area; (ii) a warning concerning the hazards and dangers associated with the use of the extreme sport area; and (iii) a statement that the extreme sport area may be used only by people operating extreme sport equipment. (b) This Act shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain extreme sports areas in a reasonably safe condition.

Section 4. [Applicability: Cause of Action] This Act applies to a cause of action involving an extreme sport area that accrues after the effective date of this Act, regardless of when the extreme sport area was developed.

Section 5. [Severability.] [Insert severability clause.]

Section 6. [Repealer.] [Insert repealer clause.]

Section 7. [Effective Date.] [Insert effective date.]