Florida Governor Signs Bill Limiting Skate Rink Liability

Florida’s governor has signed into law a bill that could help reduce premiums for the dwindling number of roller-skating rinks in the state.

Senate Bill 1458, sponsored by state Sen. Clay Yarborough, R-Jacksonville, and others, absolves skate rinks of liability for the “inherent risks” of skating, but requires the rinks to maintain safe operations and premises.

Rink operators and the United Skates of America have said that as the number of rinks in Florida have fallen, from more than 200 to less than 50 in recent years, litigation has increased and liability insurance costs have tripled, according to news reports and a legislative analysis of the bill.

The law, signed by Gov. Ron DeSantis on May 11, requires rink operators to have at least one supervisor or manager on duty for every 200 skaters present; post signs reminding skaters of their responsibilities to skate safely; keep the skate surface in a clean and reasonably good condition; maintain carpets and floor coverings in non-skate areas; correct known safety issues; keep and inspect fire extinguishers; maintain lighting; correct dangerous conditions; and maintain skates in good condition.

Skaters can now be found negligent if they fail to maintain control or skate too fast, or if they act in a manner that may contribute to the injury of another person.

“A roller skater or spectator at a roller skating rink assumes the inherent risks in the activity of roller skating, irrespective of age, and is legally responsible for all damages and injury to himself or herself or other persons or property which result from this activity,” the statute reads. “An operator is not required to eliminate, alter, or control the inherent risks in this activity.”

The law does not limit a rink operator’s liability for injuries caused by gross negligence by the operator or an employee. Failure to comply with the law and its safety requirements constitutes negligence, the law notes.

The skate industry welcomed the changes. Representatives had argued that rinks need protection because they provide jobs and are mostly mom-and-pop operations that can ill afford soaring insurance premiums. The Florida Legislature in 1999 provided limited immunity to local governments that created or set aside areas for skateboard and freestyle bicycle parks.

SB 1458 makes Florida the 12^th state to adopt similar liability-limiting legislation for roller rinks.

“With clear language articulating what can reasonably be done to promote less risk and more safety, and what no amount of action can prevent, the shared responsibility of safety is fairly divided providing better outcomes for all involved,” attorney Alicia Caridi, who represents amusement parks and attractions for the Marshall Dennehey law firm in Florida, blogged this week.

The law takes effect July 1.

Photo: Courtesy of Montgomery County Parks Department

Topics Florida