Liability?

Updated on March 19, 2014
R.M. asks from Evanston, IL
13 answers

Another parent and I would like to rent out the local roller rink over spring break and invite all of our sons' grade-level at school (4th grade) to come because they have never gone on a field trip so we thought it would be cool to do something with all of the school friends. They will pay to come, just as they would during any other time at the skating rink, 10 bucks a person. The rink does not have people sign waivers to skate, it is just an "assumed risk" type of deal. My question is… if we invite them to a "closed session" that we have reserved then are we liable if someone ends up getting hurt? We already planned to make it clear that attendance is at their own risk and kids must be accompanied by a parent or guardian. Just sort of a "we are all getting together at the skating rink" type of deal. Thanks!!

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C.O.

answers from Washington DC on

Personally? I would NOT rent out the rink for a private party. If you want this to happen, have the school rent it out via the PTA - there are TONS of "School Night" functions....

It's almost like borrowing trouble. You want this to happen? Have the PTA help you.

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O.H.

answers from Phoenix on

I have been in insurance for over 20 years. Generally speaking, its the same as if you rent a house. If someone is hurt in the home you rent, they CAN sue you as the person renting the house and they CAN sue the homeowner as well. For the simple fact that you are renting the entire rink for your party puts you at risk and responsible for those who attend. And of course, the rink can be sued as well. Also, just an FYI, when you sign one of those waivers and something serious happens, it does not mean the rink is off the hook and you cannot sue and win.

To find out for sure, call an attorney who will offer a free consult. Good luck.

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M.P.

answers from Portland on

I suggest that you have no liability. If the skater is injured the rink could be liable. Not having patrons sign a waver or having them sign a waver, either way, does not make them less or more liable. The rink is always responsible for the safety of their patrons. If your party was at your house you could be liable. Liability always is linked to the property.

I've had many parties at various kinds of revenues and have never been concerned about liability. The sites have never implied or said I, as hostess could be liable. I suggest that it would be in the best interest of the site to have you sign a waiver stating they are not liable.

Those venues who have the participants sign a waiver do not ask me to also sign a waiver. Your rink is not having anyone sign a waiver. I suggest the same rules would still apply even tho it's a private party.

You can call an attorney to ask this question. Most would give you a generalized answer without cost to you. They most likely would not respond to your specific situation but could say in this sort of situation this is what the law says. Call a lawyer specializing in civil law and not criminal law.

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T.S.

answers from San Francisco on

I was in charge of our Girl Scout "scout skate" every year for many years. We also rented the rink and charged admission, but we got permission slips signed by all, and had to fill out Girl Scout insurance coverage forms ahead of time, just in case anyone was hurt.
Not sure if it's the same for you (?) but personally I'd ask a lawyer. Someone always got hurt at our event, usually not too bad but once someone's nanny was knocked out hard and had to be taken away by ambulance. Lucky for us she was insured and not litigious (sp?) but you just never know :-(

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J.K.

answers from Wausau on

Generally speaking, rinks and skaters both hold liability for injuries, depending on why the injury happened. A poorly maintained floor causing a fall or a wheel popping off rented skates, for example, would be the rink's fault.

A fall, running into the wall, etc in the normal use of the rink is on the skater. Injury causes by improper behavior that goes against the posted rules is also on the skater, whether they caused injury to themselves or others.

The law varies by state, so you'll want to look into the specifics of your own.

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L.R.

answers from Washington DC on

Why "rent out the entire rink?" That makes it into a formal event, makes you and the other parent the hosts, and yes, I can see how that could make the liability fall onto you somehow.

I would just issue an invitation for parents to bring their kids to skate at a certain time and say clearly that though other kids from the grade will be there, this is not a school-sponsored event and is not sponsored by your family or the other family, and everyone needs to stay with their own kids, pay their own way and sign whatever the rink requires. In other words -- it's not a party where you have the facility all to yourselves, it's just a matter of "If you want to skate at a time when friends will also be there, this is the time to come."

Ask the rink what the times are when they are least crowded. But I would not try to rent out the place out of concern that I would then be the official host and would have some liability personally.

When you say that "the rink does not have people sign waivers to skate," don't people at least sign something saying they accept that they skate at their own risk? I have never been to any kind of laser tag place, skating rink, or any other similar place that did not have you sign something like that.

If you want it to be "a we are all getting together at the skating rink" deal like you mention - make it just that, and don't rent out the place.

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R.X.

answers from Houston on

I would do it at a time when the rink is not full, say a Wednesday afternoon at 5 rather than renting it out yourselves. That way, you are clear of liability. I would love you for doing this if I were one of the parents.

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T.N.

answers from Albany on

It's a dark day when we have to plan our children's birthday around the possibility of getting sued. But then I'm old.

:)

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J.T.

answers from Dallas on

the rink is liable, period, end of story. even when you sign a waiver, it means nothing - one cannot excuse themselves from negligence.

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L.O.

answers from Detroit on

invite folks to an open session.

we invited the entire school to a pto sponsored skating party.. there are 500+ kids.. we had 79 skaters..

you will not fill up the rink with kids from one grade..many folks will be out of town.

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L.Z.

answers from Seattle on

Talk to the rink about drafting up a liability form that you can hand out ahead of time and get parent signatures. We have to sign wavers for inflatable jump places, so it would be similar I would imagine. Maybe the rink has something they have used in the past for parties. Since the kids are all paying their own attendance to the rink, I can't imagine you'd be liable, since you aren't the only one "renting" out the rink. You all will be contributing. I would think the rink is still liable in this case. I'd start by talking to the rink manager.

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O.S.

answers from Portland on

I would entirely inform the parents and let them know. yes, i do think its a liablility issue.. theres a lot of people i think parents in particular where you may think its a no big deal but before you know, you dont want drama, problems and so forth. just saying. :)

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O.O.

answers from Los Angeles on

Those little waivers you sign at places like that legally aren't worth the paper they're printed on.
Even if a waiver is signed, if someone IS seriously injured because of negligence, lax rule enforcement, etc., the place CAN be sued and the victim awarded damages.
That said, if you're just arranging an informal 4th grade get together--are you 'renting it out"? Are they closed for all other patrons?
I'd think the rink's insurance would cover any damages (God forbid).

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