Rink

scrap of paper is not enough. You need to create a log and maintain that log for at least as long as your state's prescribed statute of limitations. Retaining it an extra year just in case, is also not a bad idea. 3) Compressor Logs and Temperature Readings: Documenting all activities that occur with your compressor is extremely important in protecting against ice slip and fall suits. The majority of ice skating cases will allege that there was a "soft spot" in the ice or that the "ruts" were excessive. In order to combat that, it is essential to keep recordings of your ice temperatures and your compressor readings. Having an individual note and record compressor readings and ice temperatures twice a day will help combat the arguments that the ice temperatures were too warm. Also make sure you keep any records indicating when your compressor is serviced or repaired. These records should not only include the dates of service, but also specify what if any maintenance was done, what items were fixed, and what repairs were done. Proving that your compressor is well maintained and serviced is invaluable in protecting against claims of poor ice conditions. Lastly, keeping track of the actual amount of compressor hours logged is also a good idea. 4) Ice Depth Charts: You need to frequently check and record your ice depths. A common claim in sand-based rinks is that the sand was actually coming up through the ice-causing a skater to fall. By keeping and documenting daily ice depths, a rink can effectively defeat this argument. Remember to record who took the depth reading, what time of day it was recorded and from what location on the ice the reading was taken. 5) Out-Servicing Records: If you outsource any of your work, keep these documents as well. You are likely going to be held (at least partially) responsible for any of the work completed by an independent contractor. You need to make sure you keep all records of the work they complete. This is especially true if you outsource work on your compressors for repairs and maintenance. 6) Releases: If you have players in hockey leagues, make sure they are registered with USA Hockey and sign releases, and keep copies of all of these releases. A release is worthless if you don't have a copy of it to prove it was signed. Just because the league season is over doesn't mean you should get rid of or throw the release away. Remember the statute of limitations gives the plaintiff years to sue. Also, just because a person is a member of USA Hockey does not mean that your rink cannot be sued. USA Hockey releases will not always protect you against premise liability claims. Lastly, and MOST IMPORTANTLY, hire an attorney to review the release. DO NOT cut and paste a release that you found from another organization. Each state has separate and extremely strict rules as to the language required to make a release enforceable. Do not attempt to do this on your own. 7) Surveillance Videos: Okay, okay, surveillance videos do not classify as documentation or paperwork; however, you still need to retain them. Many rinks have video surveillance of different areas of their property and rink. If such a system exists at your rink, and it is a type of device that records, don't dispose of the video. These videos can later turn out to be crucial items of evidence in a trial. Keep the videotape in a special file if it captures any type of incident. Just because an incident doesn't look like much doesn't mean a person might not try to sue you for it at a later time. What better proof for a jury that an accident was not a big deal than showing the plaintiff stand back up and continue to skate. The above are just a basic list of some of the documentation that you should create and retain in order to protect yourself from liability. Unfortunately, there is no way to guarantee your rink will not be sued. If you are sued, however, immediately turn the claim over to your insurance company. Do not wait to notify them. Your insurance company will then hire an attorney to represent you and protect you from the lawsuit. Once you present all of your documentation that you retained, you will have one happy lawyer on your side and one sourly disappointed plaintiff's attorney on the other side. Don't slip up. Taking the time to protect yourself now will save you time, money and frustration in the future. ★ Adam Kantor is a trial attorney in Tampa, Florida, specializing in Sports Law and Civil Litigation at Fowler White Boggs Banker P.A. He has successfully defended premise liability actions on behalf of numerous Professional Athletic Organizations. For more information and/or to inquire into speaking engagements, contact him at akan- tor@fowlerwhite.com or 813-228-7411. The biggest reason that plaintiffs attorneys prevail in personal injury lawsuits is that the skating rink and its employees failed to keep proper documentation. march/april 2008 R IN K M A G AZ I N E 51

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