ASSEMBLY, No. 485

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman VANDERVALK

An Act concerning the responsibilities and liabilities of ice skating rink operators and persons who utilize ice skating rinks and amending P.L.1991, c.28.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1991, c.28 (C.5:14-1) is amended to read as follows:

    1. This act shall be known and may be cited as the "New Jersey Roller Skating and Ice Skating Rink Safety and Fair Liability Act."

(cf:P.L. 1991,c.28,s.1)

    2. Section 2 of P.L.1991, c.28 (C.5:14-2) is amended to read as follows:

    2. a. The Legislature finds and declares that the recreational [sport] sports of roller skating and ice skating [is] are practiced by a large number of citizens of this State; [provides] provide [a] wholesome and healthy family activity which should be encouraged, and [attracts] attract to this State a large number of nonresidents, significantly contributing to the economy of this State. Therefore, the allocation of the risks and costs of roller skating and ice skating is an important matter of public policy.

    b. The Legislature finds and declares that roller skating and ice skating rink owners face great difficulty in obtaining liability insurance coverage, and that when such insurance coverage is available, drastic increases in the cost of the insurance have taken place and many roller skating and ice skating rink owners are no longer able to afford it.

    This lack of insurance coverage adversely affects not only the roller skating and ice skating rink owners themselves, but also patrons who may suffer personal injury and property damage as a result of accidents which occur on the premises of the roller skating or ice skating rink.

    In order to make it economically feasible for insurance companies to provide coverage to roller skating and ice skating rinks, the incidence of liability should be more predictable. That predictability may be achieved by defining the limits of the liabilities of roller skating and ice skating rink operators in order to encourage the development and implementation of risk reduction techniques.

(cf: P.L.1991, c.28,s.2)

    3. Section 3 of P.L.1991, c.28 (C.5:14-3) is amended to read as follows:

    3. As used in this act:

    a. "Operator" means a person or entity who owns, manages, controls or directs or who has operational responsibility for a roller skating or ice skating rink.

    b. "Roller skater" means a person wearing roller skates while in a roller skating rink for the purpose of recreational or competitive roller skating.

    Roller skater also includes any person in such roller skating rink who is an invitee, whether or not said person pays consideration.

    c. "Roller skating rink" means a building, facility or premises which provides an area specifically designed to be used by the public for recreational or competitive roller skating.

    d. "Spectator" means a person who is present in a roller skating or ice skating rink only for the purpose of observing recreational or competitive roller skating or ice skating.

    e. "Ice skater" means a person wearing ice skates while in an ice skating rink for the purpose of recreational or competitive ice skating.

    Ice skater also includes any person in such ice skating rink who is an invitee, whether or not said person pays consideration.

    f. "Ice skating rink" means a building, facility or premises which provides an area specifically designed to be used by the public for recreational or competitive ice skating.

(cf: P.L.1991, c.28,s.3)

    4. Section 4 of P.L.1991, c.28 (C.5:14-4) is amended to read as follows:

    4. It shall be the responsibility of the operator of a roller skating rink or an ice skating rink to the extent practicable to:

    a. Post the duties of [roller] skaters and spectators and the duties, obligations and liabilities of the operator as prescribed in this act, in conspicuous places in at least three locations in the [roller] skating rink;

    b. Maintain the stability and legibility of all signs, symbols and posted notices required by this act;

    c. When the rink is open for sessions, have at least one floor guard on duty for every approximately 200 skaters;

    d. Maintain the skating surface in reasonably safe condition and clean and inspect the skating surface before each session;

    e. Maintain the railings, kickboards and wall surrounding the skating surface in good condition;

    f. In rinks with step-up or step-down skating surfaces, insure that the covering on the riser is securely fastened;

    g. Install fire extinguishers and inspect fire extinguishers at recommended intervals;

    h. Provide reasonable security in parking areas during operational hours;

    i. Inspect emergency lighting units periodically to insure the lights are in proper order;

    j. Keep exit lights and lights in service areas on when skating surface lights are turned off during special numbers;

    k. Check rental skates on a regular basis to insure the skates are in good mechanical condition;

    l. Prohibit the sale or use of alcoholic beverages on the premises; and

     m. Comply with all applicable State and local safety codes.

(cf: P.L.1991, c.28,s.4)

    5. Section 5 of P.L.1991, c.28 (C.5:14-5) is amended to read as follows:

    5. Each skater shall:

    a. Maintain reasonable control of his speed and course at all times;

    b. Heed all posted signs and warnings;

    c. Maintain a proper outlook to avoid other [roller] skaters and objects;

    d. Accept the responsibility for knowing the range of his own ability to negotiate the intended direction of travel while on [roller] skates and to skate within the limits of that ability; and

    e. Refrain from acting in a manner which may cause or contribute to the injury of himself or any other person.

(cf: P.L.1991, c.28,s.5)

    6. Section 6 of P.L.1991, c.28 (C.5:14-6) is amended to read as follows:

    6. a. Roller skaters and spectators are deemed to have knowledge of and to assume the inherent risks of roller skating, insofar as those risks are obvious and necessary. These risks include, but are not limited to, injuries which result from incidental contact with other roller skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the roller skater, which are not otherwise attributable to a rink operator's breach of his duties as set forth in section 4 of [this act] P.L.1991, c.28 (C.5:14-4).

    b. Ice skaters and spectators are deemed to have knowledge of and to assume the inherent risks of ice skating, insofar as those risks are obvious and necessary. These risks include, but are not limited to, injuries which result from incidental contact with other ice skaters or spectators, injuries which result from falls caused by loss of balance, and injuries which involve objects or artificial structures properly within the intended path of travel of the ice skater, which are not otherwise attributable to a rink operator's breach of his duties as set forth in section 4 of P.L.1991, c.28 (C.5:14-4).

(cf: P.L.1991,c.28,s.6)

    7. Section 7 of P.L.1991, c.28 (C.5:14-7) is amended to read as follows:

    7. The assumption of risk set forth in section 6 of [this act] P.L.1991,c.28 (C.5:14-6) shall be a complete bar of suit and shall serve as a complete defense to a suit against an operator by a roller skater, an ice skater or spectator for injuries resulting from the assumed risks, notwithstanding the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.), relating to comparative negligence, unless an operator has violated his duties or responsibilities under this act, in which case the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.) shall apply. Failure to adhere to the duties set out in sections 5 and 6 of [this act] P.L. 1991, c.28 (C.5:14-5 and C.5:14-6) shall bar suit against an operator to compensate for injuries resulting from roller skating or ice skating activities, where such failure is found to be a contributory factor in the resulting injury, unless the operator has violated his duties or responsibilities under the act, in which case the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.) shall apply.

(cf: P.L.1991, c.28,s.7)

    8. This act shall take effect immediately.

STATEMENT

    This bill would amend P.L.1991, c.28, the "New Jersey Roller Skating Rink Safety and Fair Liability Act," to extend the provisions of that act to recreational ice skating. Under the bill, an operator of an ice skating rink will not be liable to an ice skater for a skating injury unless the operator violates the responsibilities set forth in the act. Those responsibilities include maintaining the rink in proper condition; posting appropriate warning signs; checking rental equipment; prohibiting the use of alcohol and complying with applicable State and local safety codes.

    In addition, under the bill an ice skater would be barred from suing a rink operator if the skater contributes to his own injury by violating the skater's responsibilities. A skater's responsibilities include maintaining reasonable control of his speed and course at all times; heeding all posted signs and warnings; maintaining a proper outlook to avoid other skaters and objects; accepting the responsibility for knowing the range of his own ability and to skate within the limits of that ability; and refraining from acting in a manner which may cause or contribute to the injury of himself or any other person.

    Ice skaters and spectators would be deemed to have knowledge of and to assume the risks of ice skating insofar as those risks are obvious and necessary. Those risks include injuries which result from incidental contact with other skaters; injuries which result from falls caused by loss of balance and injuries which involve objects or artificial structures properly within the intended path of travel of the ice skater, which are not otherwise attributable to a breach of duty by the rink operator.

    An ice skater or spectator will not be barred from suing an operator based upon the defense of assumed risk or for injuries for which the skater or spectator contributed if the operator violated his duties or responsibilities. In that case, the provisions of the comparative negligence law apply.

Includes ice skating rink operators and ice skaters within the liability and responsibility provisions applicable to recreational roller skating.