Who is at fault in skate park injuries?

On Behalf of Renick Law Firm, PLLC |
Jun 22, 2023 |

Injuries at a skate park are not uncommon. From minor abrasions to serious fractures, skate park injuries can vary in their impact on a person’s life. In the aftermath of an injury, it is normal to question who bears fault.

Unraveling this question requires a deep understanding of factors such as assumption of risk, the conditions of the skate park and the actions of other participants.

Assumption of risk in skate park injuries

When individuals participate in potentially hazardous activities like skateboarding, they generally accept a certain level of risk. This concept, known as “assumption of risk,” is a type of affirmative defense in Texas. Assumption of Risk implies that skaters acknowledge potential dangers and agree to undertake them. If a skater suffers an injury as a result of a typical skateboarding risk, they might not be able to hold others liable.

Fault of the skate park management

If a skate park injury occurs due to the park’s poor maintenance or safety measures, the management could be at fault. An example could be a severe injury resulting from broken equipment or irregular surfaces which the management failed to fix. To establish fault, an injured skater must prove that the park management was negligent in maintaining a safe environment.

Responsibility of other skaters

Other skaters can also bear responsibility if their reckless behavior or disregard for safety rules led to an injury. For instance, if a skater performs a risky trick in a crowded area, hitting and injuring another skater, the injured party may hold them accountable for the incident. However, proving this can be a challenge, as skateboarding inherently involves risky moves and skaters often share the same space.

Defective equipment

If a skateboarding injury is a result of defective equipment, the fault may lie with the manufacturer or retailer. This comes under product liability law, which holds companies accountable for injuries caused by defective products they produce or sell.

Understanding these factors can assist injured parties in identifying the responsible party and seeking justice for their injuries.