New York Skater and Skateboarder Assumption of Risk, Waiver and Release

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Multi-State
Control #:
US-01990BG
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Description

Skateboarding is the act of riding and performing tricks using a skateboard. A person who skateboards is most often referred to as a skateboarder, or just skater. Vert skateboarding is a term used to refer to riding a skateboard on a vertical ramp. Many people use vert ramps in trick skateboarding as well as vert skateboarding. As a result of the "vert" skating movement, skate parks had to contend with high-liability costs that led to many park closures. In response, vert skaters started making their own ramps. Now such ramps are manufactured commercially.


A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.


Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.

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FAQ

Although it is a fun and exciting activity, skateboarding carries with it a serious risk for injury. Approximately 70,000 injuries requiring a visit to the emergency department occur every year.

As skateboarding does not require a license, you can legally ride your board on a sidewalk as long as it is not prohibited. However, skating on the sidewalk may seem a lot easier, but it's not. In fact, it requires more effort from you, which can be exhausting.

Assumption of Risk is exactly what it sounds like a complete written statement in a waiver describing all the risks involved in the activity or procedure your guest will be participating in.

Skateboarding itself is not a crime. However, skateboarding in certain locations may be a crime. The owners of property - homes, shopping centers, parks, etc. - have the right to set reasonable rules for what visitors to their property can do while they are visitors.

There are many fair criticisms of skateboarding in urban spaces. It can be noisy and destructive to property, and skateboarders may potentially harm themselves or other pedestrians. Many cities attempt to deter skateboarding and other non-desirable activities with hostile architecture.

Vandalism is defined as willful damage or destruction to public or private property. Skateboarding can cause damage to objects, and skateboarders can be viewed as vandals by non-skaters. No matter how hard you try and avoid damaging obstacles, if you skate something enough, it will likely become damaged.

An example of implied assumption of risk is if an amusement park patron stood and watched a roller coaster for several minutes before deciding to go on the ride. The patron's observation of the roller coaster suggests an understanding of the inherent risks and a decision to assume those risks.

: a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly

In other words, skating on public roads (excluding expressways, interstates and certain other roads) is legal but you must honor all traffic laws (e.g., obey traffic lights, no wrong-way skating, etc.). Section 1233. You may not attach yourself to any vehicle in motion, i.e., no "skitching".

In Norway, skateboarding was banned for 11 years during the 1970's and 1980's. A few hardcore devotees defied the law and skated in secret keeping the sport alive.

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New York Skater and Skateboarder Assumption of Risk, Waiver and Release