California Civil Code 1714a specifies that a person can be held responsible for injuries resulting from reckless, careless, or intentional acts, even if they never meant to cause harm. This law especially applies to skate park owners who fail to create a safe environment for skateboarders in California.
Skate Park Injuries Premises Liability in California
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Example of California Skate Park Premises Liability
In the event you’re injured at a skate park, then the skate park owner could face liability for causing your injuries. Situations where a privately owned skatepark could be found liable for skatepark injuries include:
- Poor maintenance: this could mean the ramps are worn down and are easily collapsible, or the flat surfaces have deteriorated, forming hazards where people typically skateboard.
- Inadequate lighting: if the skate park is open at night and poor lighting causes a participant to get injured, then the park owner could be held liable.
- Defective equipment: if the skatepark rents out or sells protective gear or skateboards that are poorly designed, and their deficiencies result in an injury, then the owner could be held liable.
- Not posting visible warning signs: warning signs alerting patrons to hazards must be properly lit and visible to everyone on the property.
How Do Skateboard Injuries at Public Skateparks Differ From Private Skateparks?
If you suffered a skateboard injury in a public skate park due to a hazardous condition, pursuing damages can be more complicated than if you were to file a lawsuit against a privately owned skate park. Public skateparks such as Hazard Rec Park or Venice Beach Skatepark are owned by the government. So, instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government.
One of the major differences between government entities and privately owned skate parks is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.
However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a skateboard accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
What if I Signed a Liability Waiver at a Skatepark?
“Assumption of risk” liability protects business and property owners from lawsuits when their customers participate in risky activities. These contracts are typically used at skateparks to put those protections into words. Skateboarders must agree to these protections by signing a liability waiver before skateboarding on someone else’s property.
However, liability is not a legal “bullet-proof” shield against lawsuits. Otherwise, property owners would be permitted to be as unsafe as they want and free themselves of liability just by using the right verbiage in their liability waiver. A liability waiver can be invalidated if:
- The property or activity violates California or federal law
- The terms of the contract are unethical, or morally wrong
- The property owner used fraud, or misrepresentation to get you to sign the waiver
- You signed the contract under duress
- You were injured due to gross negligence – when someone was injured intentionally, or an obvious danger was ignored and caused someone harm.
Get Legal Support for a Premises Liability Skateboard Injury
If you’ve been seriously injured at a skatepark due to a hazardous condition, it is recommended to consult with one of our Premises Liability Lawyers at Maison Law. Premises liability lawsuits can become complex matters, especially when the property owner denies fault, or attempts to put the blame onto you. This can put injured skateboarders in a difficult situation when it comes to covering their medical bills, lost income, and other costs associated with their injury. To protect yourself from liability and receive compensation for your skateboard injuries, contact Maison Law for a no-cost, no-obligation consultation today.
