Roller Skating Rink Safety and Liability.
§ 99E-10. Definitions.
As used in this Article:
(1) "Operator" means a person or entity who owns, manages, controls, or directs, or who has operational responsibility for a roller skating rink.
(2) "Roller skater" means an individual wearing roller skates while in a roller skating rink for the purpose of recreational or competitive roller skating. "Roller skater" includes any individual in the roller skating rink who is an invitee, whether or not this individual pays consideration.
(3) "Roller skating rink" means a building, facility, or premises that provide an area specifically designed to be used by the public for recreational or competitive roller skating.
(4) "Spectator" means an individual who is present in a roller skating rink only for the purpose of observing recreational or competitive roller skating. (1997-376, s. 2.)
§ 99E-11. Duties of an operator.
The operator, to the extent practicable, shall:
(1) Post the duties of roller skaters and spectators and the duties, obligations, and liabilities of the operator as prescribed in this Article in conspicuous places in at least three locations in the roller skating rink.
(2) Maintain the stability and legibility of all signs, symbols, and posted notices required under subdivision (1) of this section.
(3) Comply with all roller skating rink safety standards published by the Roller Skating Rink Operators Association, including, but not limited to, the proper maintenance of roller skating equipment and roller skating surfaces.
(4) When the rink is open for sessions, have at least one floor guard on duty for approximately every 200 skaters.
(5) Maintain the skating surface in reasonably safe condition and clean and inspect the skating surface before each session.
(6) Maintain in good condition the railings, kickboards, and walls surrounding the skating surface.
(7) In rinks with step-up or step-down skating surfaces, ensure that the covering on the riser is securely fastened.
(8) Install fire extinguishers and inspect fire extinguishers at recommended intervals.
(9) Provide reasonable security in parking areas during operational hours.
(10) Inspect emergency lighting units periodically to ensure the lights are in proper order.
(11) Keep exit lights and lights in service areas on when skating surface lights are turned off during special numbers.
(12) Check rental skates on a regular basis to ensure the skates are in good mechanical condition.
(13) Prohibit the sale or use of alcoholic beverages on the premises.
(14) Comply with all applicable State and local safety codes.
(15) Not engage willfully or negligently in any conduct that may proximately cause injury, damage, or death to a roller skater or spectator. (1997-376, s. 2.)
§ 99E-12. Duties of a roller skater.
Each roller skater shall, to the extent commensurate with the person's age:
(1) Maintain reasonable control of his or her speed and course at all times.
(2) Heed all posted signs and warnings.
(3) Maintain a proper lookout to avoid other roller skaters and objects.
(4) Accept the responsibility for knowing the range of his or her ability to negotiate the intended direction of travel while on roller skates and to skate within the limits of that ability.
(5) Refrain from acting in a manner that may cause or contribute to the injury of himself, herself, or any other person. (1997-376, s. 2.)
§ 99E-13. Assumption of risk.
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. The obvious and necessary inherent risks include, but are not limited to, injury, damage, or death that:
(1) Results from incidental contact with other roller skaters or spectators,
(2) Results from falls caused by loss of balance, or
(3) Involves objects or artificial structures properly within the intended path of travel of the roller skater,
and that is not otherwise attributable to a rink operator's breach of the operator's duties as set forth in G.S. 99E-11. (1997-376, s. 2.)
§ 99E-14. Defense to suit.
Assumption of risk pursuant to G.S. 99E-13 is a complete defense to a suit against an operator by a roller skater or a spectator for injuries resulting from any obvious and necessary inherent risks, unless the operator has violated the operator's duties under G.S. 99E-11. (1997-376, s. 2.)
§§ 99E-15 through 99E-20. Reserved for future codification purposes.