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
3 Answers from Attorneys
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,
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.
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!