Fla. Stat. 768.395
Roller skating rink safety


(1)

This section may be cited as the “Roller Skating Rink Safety Act.”

(2)(a)

The Legislature finds that the recreational activity of roller skating is practiced by a large number of residents of the state, roller skating is a wholesome and healthy family activity that should be encouraged, and the allocation of risks and costs of roller skating is an important matter of public policy.The Legislature further finds that owners of roller skating rinks face great difficulty in obtaining liability insurance coverage at an affordable cost and that the lack of affordable insurance coverage affects not only owners of roller skating rinks, but also persons who may suffer personal injuries or property damages as a result of accidents that occur on the premises of a roller skating rink. In order to make it more economically feasible for insurance companies to provide coverage to roller skating rinks at an affordable rate to the owners, occurrences resulting in liability to owners should be more predictable by limiting the liability that may be incurred by the owners and encouraging the development and implementation of risk reduction techniques. This section shall be liberally construed to carry out the purposes of this section.

(2)(a)

The Legislature finds that the recreational activity of roller skating is practiced by a large number of residents of the state, roller skating is a wholesome and healthy family activity that should be encouraged, and the allocation of risks and costs of roller skating is an important matter of public policy.

(b)

The Legislature further finds that owners of roller skating rinks face great difficulty in obtaining liability insurance coverage at an affordable cost and that the lack of affordable insurance coverage affects not only owners of roller skating rinks, but also persons who may suffer personal injuries or property damages as a result of accidents that occur on the premises of a roller skating rink. In order to make it more economically feasible for insurance companies to provide coverage to roller skating rinks at an affordable rate to the owners, occurrences resulting in liability to owners should be more predictable by limiting the liability that may be incurred by the owners and encouraging the development and implementation of risk reduction techniques. This section shall be liberally construed to carry out the purposes of this section.

(3)

As used in this section, the term:“Inherent risk” means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of the activity of roller skating.“Operator” means a person or entity that owns, manages, controls, directs, or has operational responsibility for a roller skating rink.“Roller skater” means a person who participates in the activity of roller skating while in a roller skating rink.“Roller skating rink” means a building, facility, or premises that provides an area specifically designed to be used for roller skating.“Spectator” means a person in a roller skating rink whose participation is limited to observing the activity of roller skating.

(a)

“Inherent risk” means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of the activity of roller skating.

(b)

“Operator” means a person or entity that owns, manages, controls, directs, or has operational responsibility for a roller skating rink.

(c)

“Roller skater” means a person who participates in the activity of roller skating while in a roller skating rink.

(d)

“Roller skating rink” means a building, facility, or premises that provides an area specifically designed to be used for roller skating.

(e)

“Spectator” means a person in a roller skating rink whose participation is limited to observing the activity of roller skating.

(4)

An operator is not liable to a roller skater or spectator for any damages or personal injury resulting from the inherent risks of roller skating.

(5)

This section does not limit liability that would otherwise exist if the operator fails to:Conspicuously post in at least three areas on the premises, the responsibilities of roller skaters and spectators under subsection (6) and the duties of the operator under this subsection.Maintain the stability and legibility of all signs, symbols, and posted notices required by this section.Have at least one roller skating rink supervisor or manager on duty for every 200 skaters when the roller skating rink is open for business.Maintain the skating surface in a reasonably safe condition and clean and inspect the skating surface before each skating session.Maintain in good condition the railings, kickboards, and walls surrounding the skating surface.Ensure that all coverings on risers are securely fastened in roller skating rinks with step-up or step-down skating surfaces.Install and regularly inspect fire extinguishers.Inspect emergency lights at least quarterly to ensure the lights are in proper working order.Keep exit lights and service area lights on when skating surface lights are turned off during a skating session.Inspect and maintain in good mechanical condition roller skating equipment that the operator leases or rents to roller skaters.Comply with all applicable state and local safety codes.Take reasonable action to correct a dangerous condition that is known or reasonably should have been known.

(a)

Conspicuously post in at least three areas on the premises, the responsibilities of roller skaters and spectators under subsection (6) and the duties of the operator under this subsection.

(b)

Maintain the stability and legibility of all signs, symbols, and posted notices required by this section.

(c)

Have at least one roller skating rink supervisor or manager on duty for every 200 skaters when the roller skating rink is open for business.

(d)

Maintain the skating surface in a reasonably safe condition and clean and inspect the skating surface before each skating session.

(e)

Maintain in good condition the railings, kickboards, and walls surrounding the skating surface.

(f)

Ensure that all coverings on risers are securely fastened in roller skating rinks with step-up or step-down skating surfaces.

(g)

Install and regularly inspect fire extinguishers.

(h)

Inspect emergency lights at least quarterly to ensure the lights are in proper working order.

(i)

Keep exit lights and service area lights on when skating surface lights are turned off during a skating session.

(j)

Inspect and maintain in good mechanical condition roller skating equipment that the operator leases or rents to roller skaters.

(k)

Comply with all applicable state and local safety codes.

(l)

Take reasonable action to correct a dangerous condition that is known or reasonably should have been known.

(6)(a)

A roller skater or spectator at a roller skating rink assumes the inherent risks in the activity of roller skating irrespective of age, and is legally responsible for all damages and injury to himself or herself or other persons or property which result from this activity. An operator is not required to eliminate, alter, or control the inherent risks in this activity.While engaging in the activity of roller skating at a roller skating rink, a roller skater must:
Maintain reasonable control of his or her speed and direction of travel at all times.
Heed all posted signs and warnings.
Maintain a proper awareness to avoid other roller skaters and objects.
Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while roller skating and to skate within the limits of that ability.
Refrain from acting in a manner that may cause or contribute to his or her own personal injury or the personal injury of another person.

(6)(a)

A roller skater or spectator at a roller skating rink assumes the inherent risks in the activity of roller skating irrespective of age, and is legally responsible for all damages and injury to himself or herself or other persons or property which result from this activity. An operator is not required to eliminate, alter, or control the inherent risks in this activity.

(b)

While engaging in the activity of roller skating at a roller skating rink, a roller skater must:Maintain reasonable control of his or her speed and direction of travel at all times.Heed all posted signs and warnings.Maintain a proper awareness to avoid other roller skaters and objects.Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while roller skating and to skate within the limits of that ability.Refrain from acting in a manner that may cause or contribute to his or her own personal injury or the personal injury of another person.
1. Maintain reasonable control of his or her speed and direction of travel at all times.
2. Heed all posted signs and warnings.
3. Maintain a proper awareness to avoid other roller skaters and objects.
4. Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while roller skating and to skate within the limits of that ability.
5. Refrain from acting in a manner that may cause or contribute to his or her own personal injury or the personal injury of another person.

(7)(a)

This section does not limit the liability of an operator for personal injuries or damages caused by an act of gross negligence by the operator or his or her employees.Failure of an operator to take the actions described in subsection (5) or a roller skater to comply with paragraph (6)(b) constitutes negligence.

(7)(a)

This section does not limit the liability of an operator for personal injuries or damages caused by an act of gross negligence by the operator or his or her employees.

(b)

Failure of an operator to take the actions described in subsection (5) or a roller skater to comply with paragraph (6)(b) constitutes negligence.

Source: Section 768.395 — Roller skating rink safety, https://www.­flsenate.­gov/Laws/Statutes/2024/0768.­395 (accessed Aug. 7, 2025).

768.07
Railroad liability for injury to employees
768.08
Liability of corporations having relief department for injury to employees
768.10
Pits and holes not to be left open
768.11
Pits and holes
768.12
Motor vehicle colliding with any animal at large on a public highway
768.13
Good Samaritan Act
768.14
Suit by state
768.16
Wrongful Death Act
768.17
Legislative intent
768.18
Definitions
768.19
Right of action
768.20
Parties
768.21
Damages
768.22
Form of verdict
768.23
Protection of minors and incompetents
768.24
Death of a survivor before judgment
768.25
Court approval of settlements
768.26
Litigation expenses
768.28
Waiver of sovereign immunity in tort actions
768.31
Contribution among tortfeasors
768.35
Continuing domestic violence
768.36
Alcohol or drug defense
768.37
Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages
768.38
Liability protections for COVID-19-related claims
768.39
Immunity for educational institutions for actions related to the COVID-19 pandemic
768.041
Release or covenant not to sue
768.042
Damages
768.043
Remittitur and additur actions arising out of operation of motor vehicles
768.075
Immunity from liability for injury to trespassers on real property
768.091
Employer liability limits
768.092
Special mobile equipment
768.093
Owner liability limits
768.095
Employer immunity from liability
768.096
Employer presumption against negligent hiring
768.098
Limitation of liability for employee leasing
768.125
Liability for injury or damage resulting from intoxication
768.128
Hazardous spills
768.135
Volunteer team physicians
768.136
Liability for canned or perishable food distributed free of charge
768.137
Definition
768.138
Interruption of electric utility service by order of law enforcement
768.139
Rescue of vulnerable person or domestic animal from a motor vehicle
768.295
Strategic Lawsuits Against Public Participation (SLAPP) prohibited
768.381
COVID-19-related claims against health care providers
768.382
Limitation of liability for certain voluntary engineering or architectural services
768.395
Roller skating rink safety
768.0415
Liability for injury to parent
768.0425
Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance
768.0427
Admissibility of evidence to prove medical expenses in personal injury or wrongful death actions
768.0701
Premises liability for criminal acts of third parties
768.0705
Limitation on premises liability
768.0706
Multifamily residential property safety and security
768.0755
Premises liability for transitory foreign substances in a business establishment
768.0895
Limitation of liability for employers of persons with disabilities
768.0981
Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics
768.1256
Government rules defense
768.1257
State-of-the-art defense for products liability
768.1315
Good Samaritan Volunteer Firefighters’ Assistance Act
768.1325
Cardiac Arrest Survival Act
768.1326
Placement of automated external defibrillators in state buildings
768.1335
Emergency Medical Dispatch Act
768.1345
Professional malpractice
768.1355
Florida Volunteer Protection Act
768.1382
Streetlights, security lights, and other similar illumination

Current through Fall 2025

§ 768.395. Roller skating rink safety's source at flsenate​.gov