by SkierSynergy » Thu Aug 26, 2004 3:39 pm
Recently, I have tried to browse the web for information related to accidents, lawsuits, and regulations that might impact Carver use.
First, so far, I have found not found any lawsuits that have been won by a skater trying to sue someone after using their property as you described. I have found references to some lawsuits (such as an inline skater that tried to sue a the TV show Law and Order for having cables across the sidewalk). However, the issue is that private property owners are simply trying to avoid any possibility of anybody suing them ? even if the chance of being sued is very small and the chance of losing is even smaller.
One of the exclusions for being responsible for an accident is if the victim was somewhere he or she should not have been or was engaged in an inappropriate activity. In these cases, the property owner can be absolved of responsibility. A lawsuit doesn?t even get off the ground in these cases.
So If I tell you "you can't do that here" and I take reasonable activities to keep you from doing it, then I avoid responsibility for your actions and you can?t win a suit and won?t sue me.
I am not recommending anything here, but I know a couple of places that always tell me to leave and then I just show up again another day. Every once-and-a-while, when they see me, they tell me to leave. OK good enough. We just play this game. Skateboarders know it well. Harb Carving is not a crime!
The openness of publicly owned sites is better, but also varies. Several cities have tried to limit skating on park-N-Ride lots -- even when empty on the weekends, but several cities have tried to redo laws and regulations to reduce the possibility of lawsuits on these sites.
Ironically, the only place where you don't have this problem is on public streets however many places treat skates and skateboards as toys in which case they are not legally allowed on the streets. So you can be criminally prosecuted.
The international inline skating association and the inline trade association has been lobbying to prevent unreasonable regulations and fight "Toy Regulations."
In line skaters try to align themselves with bicycles. Several cities and a few states have accepted this approach.
For example, here is the law for The Dalles Oregon:
Section 11. Sleds or Skates on Streets
The use of rollerskates or in-line skates shall be governed by
the provisions of the following subparagraph:
Any person who uses rollerskates or in-line skates to travel upon
a public way or street, or upon a sidewalk, shall comply with
the rules and regulations for the operation of bicycles set forth
in ORS S14.410 to S14.440, and S14.480, as now constituted. A
violation of these statutory provisions shall be considered a
violation of the City of The Dalles Uniform Traffics Ordinance.
I can live with that.
Every freshly blacktopped housing development is like a hidden ski area.
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