The Florida state government wants to encourage people to be active and to enjoy the beautiful Florida weather by rollerblading, skateboarding, mountain biking, or engaging in other recreational activities. However, the government seemed to notice that there were becoming fewer and fewer places to partake in these activities because landowners were prohibiting people from engaging in these recreational activities on their land, due to the liability they may face if someone is injured.
The Florida Legislature’s solution was to pass Florida Statute 316.0085, which provides immunity to certain landowners who open up their property for the public’s use. While there are other recreational use statutes in Florida, this particular statute pertains to rollerblading, skateboarding, mountain biking, and paintballing.
The statute provides broad immunity to government landowners, stating that no government entity or public employee can be held liable for injuries sustained by someone who is rollerblading, skateboarding, mountain biking, or paintballing on government property. At first glance, it would seem that anyone who is injured while engaging in any of those activities would not be able to seek compensation for their injuries; however, that is not necessarily the case.
Importantly, 316.0085 pertains only to government landowners and lessees. Thus, if someone is injured while rollerblading or skateboarding on private land – such as in a private skate park or roller rink – this immunity does not apply. Similarly, under 316.0085(6), the immunity does not apply to “independent concessionaires.” This means that for-profit companies running paintball or skateboard competitions may not be included under the statute, even if the company is in contract with the government. Of course, there may be other defenses or immunities that apply, given the individual circumstances. Finally, 316.0085 does not prevent lawsuits alleging gross negligence on the part of a government agency or employee.
Recreational Use Immunity in Florida
Recreational use immunity does exist in Florida but certainly does not apply in all circumstances. Anyone injured while rollerblading, skateboarding, mountain biking, or paintballing should reach out to a dedicated South Florida personal injury attorney to discuss their injuries and to determine if there may be a case for compensation.
Have You Been Injured on the Property of Another Party?
If you or a loved one has recently been injured in a South Florida slip-and-fall accident, rollerblading accident, or mountain biking accident, you may be entitled to monetary compensation from one or more parties. As you can see from the discussion above, these cases can be very complex when it comes to determining who are the potentially liable parties. The skilled South Florida personal injury attorneys at the law firm of Cecere Santana Castrillon have extensive experience assisting victims across South Florida with seeking the compensation they need from the parties responsible for their injuries. Call 800-753-5529 to schedule a free consultation with an attorney today.
More Blog Posts:
Cecere Santana Castrillon can Help with Hurricane Irma Claims, Cecere Santana Castrillon Injury Lawyers Blog, published September 5, 2017.
South Florida Nursing Home Named in Post-Irma Wrongful Death Lawsuit, Cecere Santana Castrillon Injury Lawyers Blog, published September 28, 2017.