COM 0668.001 1996-1998 - Laserfiche WebLink

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The Honorable Al Smith Page 2 January 8, 1998 the Hawaii Supreme Court ruled against the County of Hawaii, are referenced in the fourth "whereas" clause. The reference to Hawaii Revised Statutes, §46-1.5 (22) is of no assistance as that statute merely provides that each county shall have the power to sue and be sued in its corporate name. Since all lawsuits filed against the County of Hawaii must rely on this statute for the authority to sue the county, we are unable to determine what two specific negligence cases the drafter of Resolution 97-219 had in mind. Perhaps City Council member Rene Mansho, the introducer of Resolution 97-219 would be a better source for this information? During the legal research for this response to your inquiry, we located a recent American Law Reports article entitled Skating Rink Injuries, 38 ALRSth 107, which, although written with ice and roller skating in mind, is still relevant and applicable to skateboarding and rollerblading: The general rules governing the duties and obligations of the operator of a public amusement, or the owner of the premises in which such an amusement is operated, have been recognized in all cases involving injury to patrons of ice or roller skating rinks. Clearly the owner or operator is not an insurer of safety for its patrons or invitees. Briefly stated, the duty is one of reasonable care in light of the circumstances presented and the hazards to be expected. This duty ordinarily includes the duty to maintain the premises and equipment in a reasonably safe condition for the contemplated use, to warn of nonapparent hazards, and to reasonably police other patrons. Thus, it is the specific duty of the owner or operator of a skating rink to maintain the skating surface and appurtenant areas, such as lobbies, seating areas, and entrance and exit ways, in a reasonably safe condition. An owner of a hockey rink is obligated to adequately protect spectators by providing screening in the most dangerous areas. An owner or operator's duty also extends to his equipment, thus he must provide adequate skates, if he rents equipment, and to exercise care in adjusting and fastening them if he chooses to do so. He is also obligated to protect his patrons from the actions of other skaters, including his own employees, through adequate supervision of both the rink and the premises. In addition, the courts have discussed the liability of skating rink establishments based upon other or unspecified duties owed to patrons.