Skateboarding is a popular sport among teenagers and young adults. While skateboarding can be a fun and thrilling activity, it can also be dangerous. One of the most common injuries associated with skateboarding is a sidewalk skateboard injury. In recent years, there have been several lawsuits filed against cities and municipalities for failing to maintain safe sidewalks for skateboarders. One such case is Singh v. City of New York.
A sidewalk skateboard injury can occur when a skateboarder falls off their board while riding on a sidewalk. The injuries can range from minor scrapes and bruises to more serious injuries such as broken bones, head trauma, and spinal cord injuries. According to the Centers for Disease Control and Prevention (CDC), skateboarding injuries account for approximately 66,000 emergency room visits each year in the United States.
Cities and municipalities have a duty to maintain safe sidewalks for pedestrians, including skateboarders. This duty includes repairing cracks, potholes, and other hazards that could pose a danger to pedestrians. Under premises liability law, failure to maintain safe sidewalks can result in liability for the city or municipality if a pedestrian is injured as a result of the unsafe conditions.
Background
In Singh v. City of New York, the plaintiff, a 12-year-old boy, was injured while skateboarding on a sidewalk in New York City. The boy was riding his skateboard on a sidewalk when he hit a crack in the pavement and fell off his board. As a result of the fall, the boy suffered a broken arm and required surgery.
The boy’s parents filed a lawsuit against the City of New York, alleging that the city was negligent in maintaining the sidewalk and that this negligence was the cause of their son’s injuries. The case went to trial, and the jury found in favor of the plaintiff, awarding him $30,000 in damages.
Discussion and Decision
The city appealed the verdict, arguing that the plaintiff was partially responsible for his own injuries because he was skateboarding on a sidewalk, which is illegal in New York City. The city also argued that the plaintiff was aware of the crack in the pavement and should have been more careful while skateboarding.
The appellate court upheld the jury’s verdict, stating that the city had a duty to maintain safe sidewalks for pedestrians, including skateboarders. The court also ruled that the plaintiff’s decision to skateboard on a sidewalk did not relieve the city of its duty to maintain safe sidewalks. The court noted that while skateboarding on a sidewalk may be illegal, it is not necessarily negligent behavior.
When something is illegal, it means that it is prohibited by law and can result in legal consequences if one engages in that activity. However, just because an activity is illegal does not necessarily mean that it is negligent behavior. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. In the case of Singh v. City of New York, the city argued that the plaintiff was partially responsible for his injuries because he was skateboarding on a sidewalk, which is illegal in New York City.
However, the court ruled that the plaintiff’s decision to skateboard on a sidewalk did not necessarily constitute negligent behavior. Skateboarding on a sidewalk may be illegal, but it is not necessarily negligent behavior if the skateboarder exercises reasonable care and is not acting recklessly.
In other words, just because an activity is illegal does not automatically make it negligent behavior. Whether an activity is negligent depends on whether the person engaging in that activity exercises reasonable care and takes appropriate precautions to avoid harm to themselves or others.
Conclusion
Sidewalk skateboard injuries are a common occurrence, and cities and municipalities have a duty to maintain safe sidewalks for pedestrians, including skateboarders. The case of Singh v. City of New York highlights the importance of this duty and the potential liability that cities and municipalities may face if they fail to maintain safe sidewalks. While skateboarding on a sidewalk may be illegal, it does not relieve the city of its duty to maintain safe sidewalks. If you or a loved one has been injured while skateboarding on a sidewalk, it is important to speak with an experienced New York personal injury lawyer to discuss your legal options.