City weighs liability in skateparks
By Eloise Aguiar
Advertiser Windward O'ahu Writer
A sign at the new Keolu Skatepark says "skate at your own risk." And, it says, the city is not responsible for "any loss, damage or injury to users or spectators."
Eugene Tanner • The Honolulu Advertiser
But with some parents raising safety concerns amid a city skatepark building boom on O'ahu, officials have begun to ask whether additional measures are needed to assure that the city has done everything possible to limit its liability.
Kualii Hironaka, 15, of Kailua, said he likes to practice at the new skatepark in Keolu Park every day, even with a broken thumb.
Nationally, skateboard injuries result in 50,000 emergency room visits per year, according to the American Academy of Pediatrics. And some municipalities go far beyond signs to limit their liability at skateboarding facilities.
But city corporation counsel David Arakawa, whose office of attorneys defends the city against lawsuits, said potential risks were weighed along with Hawai'i law and practices elsewhere before the city embarked on its multimillion-dollar program to provide places for young people to skateboard so they won't have to practice in the streets. Even the wording of the signs at the skateparks was considered.
"The signage puts the public on notice that the skateparks are not supervised, and that skateboarders assume the risk of their activities," Arakawa said. "We believe the sign is sufficient to protect the city."
Still, officials including City Councilwoman Rene Mansho are suggesting ways to further reduce the liability, from requiring protective equipment to stationing a safety officer at the parks, a kind of lifeguard.
"You know they're going to sue if they get hurt or somebody dies on the court," said Duane Samson, head of the Parks and Recreation Committee of the Kailua Neighborhood Board.
Despite its warnings, the American Academy of Pediatrics recommends that communities develop skateparks to get skateboarders off the streets.
Honolulu has six skateparks: two that opened recently, and four more scheduled to be completed this year.
The city of Los Angeles, which operates two skateparks and has four more planned, requires protective gear at its skateparks, staffs them with monitors during operating hours, has parents sign liability waivers before a child can use the park, limits the number of users, and issues a picture identification card to each user that must be displayed to gain access.
The parks have rules that are strictly enforced, said Anthony Coroalles, assistant general manager of regional operations for the Los Angeles Department of Recreation and Parks. The children seem to like that.
It's an expensive approach, he said, but in the two years that the city has operated skateparks, legal action has been minimal.
"By taking all of these precautions, it's not likely we'll get the multimillion-dollar lawsuits, because we've done our homework," he said.
Risks considered
Cory Lum • The Honolulu Advertiser
Arakawa said Honolulu also has done its homework.
Signs recommend using protective gear, but that doesn't faze this skateboarder, who launches himself off a high wall without helmet or pads at the Keolu Drive skatepark in Enchanted Lakes.
He said his office worked with the city's risk manager and skateboard park consultants to formulate the wording of the signs. His office evaluated Hawai'i law, considered possible risks and reviewed conditions in other jurisdictions before approving the signs.
Attorney Ian Mattoch noted that signs go only halfway in protecting the city. Equally important is following safety guidelines in design and construction of the parks.
Arakawa said parents who are concerned about safety should provide safety gear, proper training and personally supervise their child.
That dovetails with recommendations from the American Academy of Pediatrics that all skateboarders wear a helmet and other protective gear. The group says skateboards should not be used by children younger than 10 without adult supervision.
O'ahu skateboard consultant Chuck Mitsui, 28, who has worked with the city on design, construction and liability issues at the parks, said safety gear is a good idea for skaters younger than 15.
The full complement can run more than $100: helmets cost about $42, knee pads $35 and elbow pads $30.
"It's got to start at the home," Mitsui said. "You can't get the city to baby-sit and do the jobs of the parents."
Hazards debatable
As posted at the Keolu Skatepark in Kailua: 1. Skatepark is not supervised. 2. Skate at your own risk. The City and County of Honolulu is not responsible for any loss, damage or injury to users or spectators. 3. Skateboards and skates only — no other equipment, apparatus or vehicles, including bicycles, mopeds or scooters are allowed. 4. Proper use of protective gear (helmet, elbow and knee pads) is strongly recommended. 5. The skatepark surface is extremely dangerous when wet. 6. Alcohol, tobacco and drugs are prohibited. 7. Please keep drinks and food outside the park. 8. Exercise caution when using the skatepark and respect the right of way of all skaters. 9. Help keep the skatepark clean. 10. Skatepark is open from 7 a.m.-7 p.m.
Dick Poirier, chairman of the Mililani/Waipio/Melemanu Neighborhood Board, said parents are calling him about injuries and crowded conditions at the new Mililani Skatepark. Limiting capacity and hiring a monitor would make the facility safer, Poirier said.
Skatepark rules
Skateboarders, bikers and scooters pack the site, making movement hazardous, he said. The city might consider separating children by ability levels and giving them different time slots to use the park, he said.
"It can't be a safe place when you mix kids of different athletic ability," Poirier said.
Mitsui disagreed, saying mixing skaters of different levels is one way for inexperienced skateboarders to learn.
"The older, more advanced kids teach the younger kids how to skate the park and how not to get into dangerous situations," Mitsui said.
Mattoch, the attorney, said an incompetent monitor could even become an issue in a lawsuit.
Near-misses
On a recent Friday at midday, about 15 children were using Keolu Skatepark in Kailua, the largest such facility in the state. Two wore helmets. Two bicycles and two scooters mixed with the skateboarders. On weekends, three times as many people show up, according to one of the regular park users.
Skaters were courteous, waiting for others to finish before taking off. A couple of near-misses involved riders taking off from different corners and turning into each other.
There were a couple of minor spills, and one boy had a difficult time getting up after he fell from his scooter.
Three boys who were not wearing safety gear said park users should wear it, especially when they try new or difficult maneuvers. The boys said they didn't need to wear safety equipment because they just ride around, no fancy stuff.
"I don't wear it unless I do something over my limit," said Ricky Murillo, 13.
One 6-year-old said he didn't need gear because he wasn't going to get hurt. His uncle, Scott McCully, said most children have that attitude, and there's not much parents can do about it.
No guarantees
"You can't threaten them, saying if you don't wear gear you can't leave home — it's not going to work," said McCully, 41. "They'll take off the gear when they get to the park."
McCully, who likes extreme sports, said it's best for children to learn by falling and getting scraped. Most parents accept that will happen, he said. Still, he predicted the park would be closed one day because some parents would sue the city.
"I think this should be a no-fault zone," he said. "We're trying to make some place nice so the kids are out of Longs parking lot. If you sue and shut down the park, then the kids are back at Longs."
Mansho said she raised her concerns after some parents told her they thought there should be supervision at the city skateparks.
"The city said they would monitor the situation, and that's good enough for me for now," Mansho said.
Mattoch agreed. "If the city does what it can to make things as safe as possible and they comply with design guidelines, then they've done all that can be done."
Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com or 234-5266.
