Issue link: http://read.uberflip.com/i/408997
34 / NOVEMBER.DECEMBER.2014 RINKMAGAZINE.COM S pecial events are a fun way to increase foot traffic and generate new interest in programs and activities, but rink operators should be aware that they can create unique hazards or dangerous conditions that can lead to injuries. The unusual hazards that can be created by a special event are illustrated in a recent case in New Jersey. During the Christmas season, the rink held an event called the "Santa Skate" wherein an individual dressed as Santa Claus and two individuals dressed as elves skated with the other patrons. The Santa and his elves were not rink employees. The plaintiff in the case was an experienced intermediate skater. The plaintiff was on the ice for approximately 30 minutes and observed Santa and the elves skating without any disturbance. Suddenly, she noticed for the first time that one of the elves started to distribute candy to the children while on the ice. One to two seconds after the plaintiff saw the elf distributing candy, two small children suddenly skated in front of her toward the elf. To avoid the children, the plaintiff turned quickly to her left, lost her balance and fell, breaking her left arm. The rink had large signs posted around the ice skating area prohibiting anyone from bringing food or drinks onto the ice. If someone came onto the rink with food, the employees were instructed to order the patron to leave the ice. This rule applied even during sponsored special events, and all participants were expected to obey the rules. The rink stated it was unaware that the elves would distribute candy on the rink during the Santa Skate. In this particular case, the rink successfully defended against the plaintiff's claims. The court doubted whether the elf giving children candy created a dangerous condition that caused the plaintiff's injuries, and further, there was no evidence that the rink or its employees knew in advance that the candy would be given out on the ice or that rink employees were alerted at the time the candy was distributed and failed to stop it within a few seconds before the plaintiff fell. The court found that the rink created no dangerous condition, and even if a dangerous condition existed, the rink lacked actual or constructive notice of the condition in time to correct it. Because special events are, by definition, events outside the normal operation of the rink, rink operators need to take extra care to ensure that rink procedures and regulations are followed even during special events. If the event involves an outside organization or vendors, rink operators must be sure that these vendors or groups are aware of the rink procedures and that those procedures are followed. BAD SANTA: The Perils of Special Events EMPLOYEES MUST BE TRAINED TO ENFORCE THE RULES, BUT SPECIAL EVENTS REQUIRE EVEN MORE DILIGENCE TO KEEP PATRONS AND EMPLOYEES SAFE. Risk management Protecting the rink and its patrons by PAUL SMIGLIANI