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Home My WebLink AboutCOM 0668.001 1996-1998 SY Os O~O~ • ~ M,~4 AL SMITH ~ ~ y6C~., Phone: (808) 961-8267 Vice Chairman PAX: (SOS) 969-3291 ay! 1TE O'•Nji~ COUNTY COUNCIL County of Hnzuaii n ~ Hawaii County Building ~ ~ ~ 25 Aupuni Street ~ Hilo, Hawaii 9672f~ January 9, 1998 TO: James Arakaki, Chair Hawaii County Council FROM: Al Smith, Vice Chair Hawaii County Council RE: Skateboard Tort Liability Please have the attached communication numbered and circulated with related resolution. Attached is information from Deputy Corporation Counsel Glen Shiigi for the Skateboard Tort Liability which I have included in the Legislative Package. Thank you for your cooperation. AS:jet lob 0, ~nrn. DTo. ,'f;' I4~r. Presa7fCd cOV~.lci~ 1Li?f. '1'07 Ref. Date fsp_~ ~ ~ MTV OF May, • ~'wC~ Stephen K. Yamashiro ~ r- - ~ Richard Wurdeman MRyOr Corporation Counsel ~~~~os•M~.~F • ~ ~ ~ r r~ ..i U.... U ~ ~ .1 C~DLT2tf~1 II~ ~fI{1T~IYtc OFFICE OF THE CORPORATION COhJNSEL 101 Aupuni Streee, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 96I-8251 • Fax (608) 961-8622 January 8, 1998 The Honorable Al Smith Vice Chairman County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Vice Chair Smith: Re: Response to Your Inquiry on Skateparks and County Liability You have asked our office to review the City of Santa Cruz's Ordinance No. 94-47, which was passed on September 13, 1994, and which provides that any person riding a skateboard in a City park or recreational facility without a helmet, elbow pads and knee pads is guilty of an infraction. Items 7) and 8) of the Department of Parks and Recreation's Skateboarding Safety Rules, filed with the Office of the County Clerk on November 13, 1989, already requires that participants at County skateboarding facilities must wear shoes, knee pads and elbow pads and must wear safety helmets when using any ramps. Since Rule 13 is already in effect, we believe that passage of an ordinance similar to the City of Santa Cruz's Ordinance No. 94-47 would be a redundancy. A copy of Rule 13 of the Rules and Regulations of the Department of Parks and Recreation is attached. We have also reviewed Resolution 97-219 of the City and County of Honolulu's City Council which urges the Hawaii State Legislature to limit the counties' tort liability arising from certain hazardous recreational activities on county-owned or controlled properties. We support any assistance the legislature may provide to limit the County's tort liability. However, we are unable to determine what two negligence cases, in which 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. The Honorable Al Smith Page 3 January 8, 1998 It is well settled that one participating in the activity of ice or roller skating must exercise reasonable care for his own safety, not act negligently so as to increase the normal dangers of the sport, and prudently measure his actions in light of the perils involved. A patron normally assumes the risk of injury from such hazards as are necessarily incidental to the sport and the use of the premises. Such incidental risks may include falling, being slightly jostled and bumped by another skater, or defects in the ice at an ice skating rink. Please contact our office if you have any questions. Sincerely, RICHARD D. WURDEMAN Corporation Counsel l y, By i~ ~ GLENN H. SHIIGI Deputy Corporation Counsel GHS:mo Enclosure cc: George Yoshida smith.ghs I RULES AND REGULATIONS OF THE DEPARTMENT OF PARKS AND RECREATION OF THE COUNTY OF HAWAII RULE 13 - RULES RELATING TO COUNTY SKATEBOARDING FACILITIES SKATEBOARDING SAFETY RULES 1) Participants must register at each skateboarding facility (Exhibit A) and complete a release of claims form (Exhibit B). Those under 18 years of age must have their parents or guardian sign the release of claims form (Exhibit B). Skateboarding safety rules will be furnished to all participants upon registration. 2) No skateboards with metal shields or any other device which the Department attendant, in his opinion and judgment, determines to be dangerous or hazardous to the safety of others shall be allowed in the skating facility at any time. No outside ramps, equipment, or jumps are allowed in the facility unless prior approval is obtained from the Department. t 3) Profanity, recklessness, boisterous behavior, tandem riding, pushing, etc., are prohibited in the skating facility. 9) There shall be no intentional flying into the-air of skateboards. 5) Only skateboards are permitted on skateboard ramps. 6) Drinking, eating, or smoking are not allowed within the skating facility. 7) Participants must wear knee pads and elbow pads while using the facility; in addition, safety helmets must be used when riding ramps. 8) No slippers or barefeet are allowed in skating facility. Shoes must be worn while skateboarding. 9) Penalty provisions: A. Any person who violates any rule or regulation may be suspended or permanently banned by the director from using the skateboarding facilities. g, Any person who violates any rule or regulation promulgated under the authority of section 2-60, Hawaii County Code, shall, upon conviction, be fined not more than the sum of $250. Prosecutions in such cases shall be provided by law for the prosecution of petty misdemeanors. 10) If any provision of these rules or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable. DEPARTMENT OF PARKS AND RECREATION COUNTY OF HAWAII DIRECTOR Notice of Public Hearing: Hawaii Tribune-Herald and West Hawaii Today, July 25, 1989. App`F~"' APPROVED AS TO FORM AND LEGALITY: YOR D UTY CORPORATION COUNSE COUNTY OF HAWAII 9-~`~ II-G- a9 DATE DATE I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk this 13th day of November 1989. CO TY CLER'-R.'~~ . -2-