The Support You Need. The Settlement You Deserve.
Maison Law supports skateboarders injured while skateboarding in Fresno.
Most skateboarders take the time to be safe, equipping themselves with helmets, gloves, and protective gear.
But when drivers are careless on the road, or skateparks are left in unsafe conditions, the risk of injury can be unavoidable, resulting in life-altering damages.
If you or a loved one has been injured in a skateboarding accident in Fresno, contact Maison Law today for a no-cost, no-obligation consultation.
How Maison Law Supports Injured California Skateboarders
If you’ve sustained severe injuries from a skateboard accident, the Personal Injury Lawyers at Maison Law can help. Oftentimes, insurance companies will offer injured skateboarders a much lower settlement than the value of the damage done to their lives. Damages covered by the insurance company usually only equate to the cost of your medical bills.
At Maison Law, the damages we pursue for injured skateboarders include:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Property damage
- Lost earning capacity
- Pain and suffering
It may seem absurd to have to fight the insurance company for the money they owe you, but unfortunately, this is how insurance companies operate. After all, they’re a business, and they only profit by paying you as little as possible.
At Maison Law, our firm has years of experience building strong personal injury cases for injured skateboarders in California. We’ll manage settlement negotiations with the insurance company, aid you in making well-informed decisions, and help you secure fair compensation. If an adequate settlement cannot be reached, then we will represent you in court until a satisfactory verdict is reached.
Fresno Skateboard Law
The state of California does not elicit skateboarding rules. Instead, each city is permitted to institute their own rules and safety for skateboarders within its municipal limits. It is important to note that these rules only apply to public, government-owned skateparks. In the city of Fresno, according to Fresno Municipal Code 5-504, the following rules apply to skateboarders:
- No additional obstacles or other materials are allowed in public skateparks
- No food or drink allowed in the park
- No alcoholic beverages are permitted in the park
- No tobacco or drug use allowed
- No spectators are permitted in the park
- No scooters, ripsticks, waveboards, or motorized vehicles
- No amplified music or organized events allowed without prior approval from the city
- No skating/riding in any hazardous conditions
- No trespassing
- No profanity
- Helmets with a buckled chin strap must be worn at all times for all ages
- No graffiti or abuse of any kind
If any of these city laws are violated and you get injured while skateboarding, you are still entitled to compensation for your injuries. However, your compensation will be reduced due to your neglect of Fresno’s municipal code. This form of partial compensation is known as comparative negligence.
California Skateboard Law
While California transfers skateboard safety and regulation responsibility to the states, there are still some statewide, skateboarding laws listed in California’s legislative code. These laws state:
- Skateboarders under the age of 18 are required by law to wear helmets at all times
- Section 21968 prohibits the use of motorized skateboards on roadways, trails, and sidewalks
- Must stop at stop signs and red lights
- Must yield to all vehicles at yield signs
- Skateboarders are required to yield to both marked and unmarked crosswalks
- Must not impede traffic or interfere with the flow of traffic
- Cannot be towed by a motor vehicle or bicycle at an unsafe speed
- Skateboarders must yield to bicyclists in the bike lane
- Skateboarders cannot leave a curb or any roadside place of safety and travel in the path of a vehicle
How Does Comparative Negligence Apply to a Skateboard Injury
The state of California is a pure comparative fault state, meaning even if you are found 99% at fault for causing your injury, you are still entitled to 1% of compensation. This is a legal statute covered under California’s Comparative Negligence Law.
So, let’s say you fracture your tailbone skateboarding at an outdoor skatepark in Fresno. The concrete was slick because it was raining, but the park remained open, regardless of the hazardous weather.
At trial, a jury could determine the owner of the park was 50% liable for your injuries by allowing skateboarders to skate on their property during hazardous weather conditions. And they find you were 50% at fault for deciding to skateboard in the rain. So, if the jury comes back with a ruling for you to be paid $50,000 in damages, then you will be entitled to collect $25,000, as your compensation will be reduced by 50%.
However, it is important to know that roughly 95% of personal injury cases settle out of court. At Maison Law, we have years of experience in winning substantial settlements for injured skateboarders, even if they were partly to blame.
Government Liability in a Fresno Skateboard Injury
Suing the government in a skateboard accident is more complicated than suing an individual or company. City, state, and federal government entities are much more protected from liability. The Parks and Recreational Department in Fresno is aware of this as they have this specific law posted at the majority of their public spaces, highlighting their liability defense. This is a federal law known as Government Code Section 831.7, which states:
“Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.”
Since skateboarding is considered a hazardous recreational activity, the government places liability on the skateboarder for getting hurt while engaging in a dangerous activity. In addition to this law, the government can also deny a personal injury claim through “sovereign immunity.”
Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.
How Do You File a Claim Against the Government for a Fresno Skateboard Injury?
Before you can sue a public entity in California for a skateboarding injury, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:
- State government
- County agencies and departments
- Local government agencies
- Government employees
If you are filing a personal injury claim against a local government entity, you can file a claim directly with the governing board or clerk. Many local departments have their own claim form for you to fill out, accessible at their offices or online.
To file a claim against California state agencies or employees you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own personal injury claim. Your claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the skateboard accident
- A general description of damages caused by the accident
- The name of the employee (if applicable) or agency that caused the injury
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
How Skateboard Injury Accidents Occur
Serious skateboarding injuries happen when you lose control of your board. This could be a result of a premises liability such as a damaged ramp, objects left on the ground, or unsafe conditions. Losing control of your board could cause you to fall into a motor vehicle, a road hazard, a pedestrian, or another skateboarder, resulting in serious injury.
Skateboarders can put themselves at even greater risk of injuries if they:
- Don’t use protective equipment
- Don’t maintain the quality of their skateboard
- Skateboard on irregular surfaces
- Attempt a trick beyond their skill level
Skateboarders at the highest risk of injury include:
- Inexperienced skateboarders: those who have been skating for less than a week, make up for one-third of skateboarding injuries.
- Skateboarders who fail to wear protective gear: helmets, wrist guards, elbow guards, and knee pads can prevent serious injury in a skateboarding accident.
- Skateboarders who attempt stunts on uneven surfaces: irregular riding surfaces can give pause to even the most experienced skateboarders as the risk of injury is high when attempting tricks on uneven surfaces.
Common Causes of Skateboard Injuries in Fresno
With the rise of popularity in skateboarding, such as its induction into the Olympics in 2020, the causation of skateboard injuries has changed. A younger demographic is now being exposed to elite levels of skateboarding, inspiring them to attempt tricks at skateparks like in the Olympics, rather than at home or in someone else’s backyard.
The statistics in the graph below show the most common causes of skateboard injuries.
Contact a Fresno Skateboard Lawyer
If you or a loved one was seriously injured in a skateboarding accident in Fresno, consult with an experienced skateboard injury law firm at Maison Law.
Our team of attorneys will advise you regarding liability and aggressively pursue fair compensation on your behalf. Skateboarders have rights and we’re here to protect them.
Contact Maison Law today for a no-cost, no-obligation consultation.
