In New York, as in many states, there are laws that prohibit skateboarding in specific areas, because it is a nuisance or because it is dangerous. Over 25,000 people go to emergency rooms nationwide each year with injuries related to skateboarding, and almost three-fifths of the injuries are to people under the age of 15. In many cases, the owner of the property on which the injury occurred may be liable for damages. This is part of the reason state and local governments pass laws prohibiting skateboarding; they may be liable for injuries on public property.
When a person is injured while on the property of another, he or she might be able to recover based on a theory of premises liability. A landowner may have a duty to protect people or warn them of dangerous conditions on their land. The duties owed to guests or invitees are different than those owed to trespassers, but there may be duties owed in any case.
Foreseeability is often an important factor in premises liability cases. Whether or not the event that resulted in injury was foreseeable by the property owner may impact his or her liability.
Public areas specifically designed and built for skateboarding reduce the risk of injury and the number of accidents. People who suffer skateboarding injuries as a result of an accident on someone else's property might have claims for recovery.
An attorney with experience in personal injury law might be able to help the client pursue claims for medical expenses, pain and suffering, lost wages or other damages. An attorney might examine the facts of the case and the site of the injury to offer advice about filing a premises liability claim. In some cases, the injured party may be entitled to recover even if he or she was trespassing at the time of the injury.