Legal Question in Personal Injury in New York

Indoor Roller Skating and Helmet Use

I run a business where I go to schools

and other places, bring roller skates,

and music for kids to use. Most of the

Skating Parties are held in gymnasiums.

Helmets are not provided to the

children, but they can bring their own.

Is there a law saying that the kids must

ware a helmet at all times.

Thanks


Asked on 10/23/06, 4:43 pm

3 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Indoor Roller Skating and Helmet Use

The insurance or underwriter company policy probably is the best source for information about whether helmets must be used on the premises, notwithstanding who provides them.

Carefully review your policy and address your questions concerning "protection equipment" that is required, to the underwriter, or insurance carrier for the premises the children are using to skate on.

Good luck,

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Answered on 10/25/06, 9:06 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Indoor Roller Skating and Helmet Use

I'm not sure: there is probably a regulation depending on the activity. For instance, bikes on the street has a law; more important from your perspective is if a child is injured while

skating, you are in the product chain of distribution- you supply the skates and some other services.

Any attorney who practices product liability law

would bring you into the case as a defendant if there were a claimed defect in the skates, such as a mis-alignment, or wheel coming off or the like. If you own, and maintain the skates you should have liability coverage. You should also provide helmets. And you have a duty to warn of inherent risks.

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Answered on 10/23/06, 5:08 pm

Re: Indoor Roller Skating and Helmet Use

I'll go one further than Mark. If a parent came to me and said that their child suffered head trauma at one of these parties, I would take their case, sue you and win. While an adult can make a reasonable, informed decision, concerning the risks that they are undertaking, most children attending a party cannot; this is an attractive nuisance and they will skate because their friends are skating, and they are not old enough to sign a release form to waive their own rights (their parents cannot waive their rights for them under NY Law).

Have a sit down with your insurance carrier and discus what precautions they will require as part of insuring you and your business. likely, this will involve helmets.

Best of luck!

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Answered on 10/23/06, 5:23 pm


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