City urged to address skate park liability

By Robbie Dingeman
Advertiser City Hall Writer

City Councilman Romy Cachola is urging the city to hold off on building any more skate parks because of the risk of being sued over injuries.

And Cachola hopes the Legislature will someday consider a bill limiting the city's civil liability in case of injuries — a move similar to a measure the Legislature has passed that limits governmental liability for injuries at beaches.

The move comes as the city administration ramps up construction of the popular skateboarding facilities.

Cachola has introduced to the City Council a resolution on a skate park moratorium that already has the support of council Budget Committee Chairwoman Ann Kobayashi and Councilman Gary Okino.

The council also is in the process of examining the 2002-03 budget proposed by Mayor Jeremy Harris, and working to trim the spending plan.

Nationally, skateboard injuries result in 50,000 emergency room visits per year, according to the American Academy of Pediatrics.

"We can have immunity from the Legislature," Cachola said. "A lot of the skate parks are being requested and supported by members of the state Legislature. Why not give us that, if they want us to construct skate parks?"

Honolulu has six skate parks, two that opened recently and four scheduled to be completed this year.

So far, the city's main legal strategy against lawsuits has been to post signs warning of the dangers and disclaiming city liability, which is only one of many protective measures used by some cities. Cachola said he had heard from Corporation Counsel David Arakawa that one suit involving injury at a skateboard park already had been filed against the city.

Cachola said he was concerned the city would end up paying the largest portion of settlements, even if its responsibility is small. "Usually, with the jury system, even if you have a very good case, the city ends up paying a substantial amount."

He noted that this year the city had run short of money budgeted for legal judgments and losses.

In lean financial times, he said, the recreational facilities are "nice to have," but not a necessity.