Editor’s Note: We already know that risks abound in sport and recreational activities. There are, however, many defenses available that can serve as protection from liability. A major defense that is sometimes available for providers is immunity. Immunity comes in many forms, but today’s article focuses on immunity that is available for a particular sport – skateboarding. Similar immunity statutes exist in some states for other activities (e.g., snow mobiling, equine activities, sport shooting, outfitters and guides, skating).

This article originally appeared in the Sept., 2009 issue of Law Review and appears with the permission of Dr. Kozlowski.  Dr. Kozlowski’s website contains dozens of articles dealing with recreation law.

SKATEBOARDING IMMUNITY LAWS LIMIT LIABILITY

By Dr. James C. Kozlowski J.D., Ph.D.

Recently, I was asked whether there was any applicable law on the issue of skate park liability. In this particular instance, a municipal parks and recreation department was apparently contemplating the closure of a skateboard park “because the skaters aren’t wearing helmets and pads all of the time”:

There is a sign stating that helmets and pads are mandatory, but the parks and recreation department thinks if they don’t staff it to ensure compliance, the town/county would be held liable if someone not wearing the proper equipment were to be injured… I live in North Carolina and the standard of care seems to be across the board for skate parks.

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