Rollerskating, Scooter, and Skateboard Injuries
Even with protective gear there is still a high risk of injury in rollerblades, skates, skateboard and scooter accidents, considering the speed and greater bodily exposure involved. Accidents may be caused by the negligence of motor vehicle drivers, other human-propelled devices, land and premises owner negligence, or defective manufacture of the equipment involved.
In fact, these cases often have close connections to premises liability or products liability claims. Jeffrey R. Davis P.A. has 25 years of experience handling negligence, premises defects and products liability matters.
There are fundamental Florida laws that individuals should comply with while operating these devices.
In general, no person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians. FLA. STAT. § 316.2065(12).
Skateboarding is treated with a more stringent standard. The Florida Legislature has deemed that the risks and inherent danger involved with skateboarding should largely be assumed by those participating in such activities. FLA. STAT. § 316.0085.
While engaged in skateboarding (or inline skating, paintball, or freestyle/mountain/off-road bicycling) irrespective of where such activity occurs, a participant is responsible for doing all of the following:
1. Acting within the limits of his or her ability and the purpose and design of the equipment used.
2. Maintaining control of his or her person and the equipment used.
3. Refraining from acting in any manner which may cause or contribute to death or injury of oneself or other persons.
Failure to comply with the requirements of this paragraph shall constitute negligence. FLA. STAT. § 316.0085.