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Legal Updates for Amusements, Sports and Recreation Liability

Florida Legislature Passes the Roller Skating Rink Safety Act

Presented by the Amusements, Sports & Recreation Litigation Practice Group

May 8, 2023

On May 2, 2023, Florida became the 12th state to pass legislation intended to keep roller rink operators in business by promoting safety, risk management and shared responsibility of liability. 

The Roller Skating Rink Safety Act will be codified as 768.395 F.S. It began as Senate Bill 1458 and was adopted by the House, which had its own bill. Senator Clay Yarborough and Representative Susan Plasencia sponsored the original bills after hearing from several constituents and owner/operators of skating rinks across the state. Through the advocacy of the Roller Skating Association (comprised of owners/operators and their supporters) and the International Amusement and Leisure Defense Association (IALDA), the members of the legislature were made aware of the striking need for legislation.

Those needs were demonstrated by the closures and reductions of operating roller skating rinks throughout the state, combined with the avalanche of lawsuits and the crushing economics of litigation—and the inability to retain insurance—all despite industry-wide efforts to maintain and train for a culture of safety.

What was also demonstrated by the constituents and their counsel through phone calls, emails, letters as well as public comment and testimony was the unique value of this industry and why it should be protected. The skate rinks are mostly family-owned and operated. They provide economic opportunities and, to many young people, their “first-job” experience in a family-friendly atmosphere. They are one of the last remaining affordable large family fun activities that involves healthy movement. They are also an affordable venue for schools and other organizations, for fun as well as education through STEM-programmed field trips.

Now, with this legislation in place, Florida, like its 11 predecessor states, clearly delineates the safety responsibilities and duties of the owners and operators as well as the inherent risks assumed by any patron when deciding to lace up a pair of skates and put their body in motion.

More specifically, this legislation balances and clarifies the responsibilities of operators and patrons by defining “Inherent Risk” as those dangers or conditions that are characteristic of, intrinsic to, or an integral part of the activity of roller skating. 

The Act sets forth the conditions under which an operator is not liable to a roller skater or spectator for any damages or personal injury resulting from the inherent risks of roller skating and makes clear that these protections do not apply if there are specified failures of the operator. Duties of the operator include posting responsibilities of roller skaters and spectators in at least three areas on the premises, having at least one supervisor or manager on duty for every 200 skaters, and maintaining the skating surface in a reasonably safe condition which includes cleaning and inspecting the skating surface before each skating session.

Likewise, duties of the skater include maintaining reasonable control of speed and direction, and heeding all the posted signs and warnings, maintaining awareness, knowing the range of their own ability, and refraining from acting in a manner that may contribute to their own or others injury.

With this legislation in place, lawsuits may decrease, but will still be viable if they have good cause such as if there is evidence of a failure of the operator to take the actions described in subsection (5). However, failure of a roller skater to comply with paragraph (6) (b) also now legislatively constitutes negligence. 

Therefore, roller rink operators can now claim defenses as to the skater’s negligence, and their own duties are legislatively determined. By making the duties of each clear, the life span, cost, and toll of lawsuits are lessened, allowing a viable defense to be raised at an insurable cost. 

This legislation, like the industry itself and its long-term advocates, is focused on safety. There are some inherent risks that no amount of reasonable care can prevent. The risk of losing balance while skating cannot be eliminated without taking away the fun and the freedom of movement inherent to the sport. However, this legislation also sets out the duties of the rink operators. With clear language articulating what can reasonably be done to promote less risk and more safety, and what no amount of action can prevent, the shared responsibility of safety is fairly divided providing better outcomes for all involved. 


 

 

Legal Update for Amusements Sports & Recreation Litigation, May 8, 2023, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. 
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In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

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