Who’s liable for the public ice rink in Plymouth?
While Town Manager
One of the attorneys further cautioned that, if the Foundation signs an MOU agreement with the town promising to take care of the rink or remain involved in its use, that liability doesn't go away even if the rink is successfully gifted to the town. In short, the Foundation has a liability problem if the town doesn't accept the gift and if it signs an MOU that promises the group will stay involved in the project.
If the town accepts the rink as a gift, as Kusmin requested, the town would then own the rink and be responsible for it. The question then is who will maintain or oversee it; therein lies yet another liability snag.
In the meantime, the rink is what lawyers refer to as an "attractive nuisance," or something on a property that attracts children that can cause injury. Attractive nuisance is the term used in these injury lawsuits.
Kusmin said his wife is an attorney and added that he is extremely concerned that the cart was placed before the horse in this project. He urged the board to accept the rink as a gift, thereby relieving his group of this weighty issue.
The question remains why was the issue of liability addressed at this late date, after the rink was installed?
Select Board member
"We were under impression the town accepted the rink," Kusmin added. "We had been working under the impression that we had no liability in this. We were led to believe the MOU went hand in hand with the acceptance of the location. I'm a general contractor and when they sue, they sue everybody; they start at the top and work their way down. We are at the top of that. We're trying to figure out how we got there."
Arrighi noted that the Select Board has only, as of now, voted to approve the location of the ice rink; the gift of the rink has yet to be accepted.
And the board wasn't amenable to accepting and the liability attending it without more concessions being made such as the Foundation's continued involvement in the rink.
Select Board member
Select Board member
"Somehow we got to the point where we don't know who is going to take care of it," Kusmin responded. "I'm not saying we don't want to. I just don't know anyone who knows about rink maintenance. I don't know that we are necessarily prepared to do that."
"You came to us, not the other way around," Provenzano said. "We didn't seek this out. It was brought to us under packaging and sold to us far differently than how it turned out."
Cavacco balked at how complicated the issue has become.
"It really isn't meant to be this difficult," she said. "We don't have Zambonis out there. We have a rink committee with nine people on it. So it's not like we're maintaining it professionally. We've have a lot of volunteers. My family has spent countless hours down there. It's safer than having our kids go onto a pond. It's a regulation-size rink. The community has really put such effort into this. The community is really who is policing this. The Zamboni is not going to come down
Joyce countered that she thinks the rink is a wonderful addition to the town, but cautioned that town-owned projects can include town-owned costs and liabilities. She said the project was not properly planned and that is why she is concerned.
As was noted, attorneys caution that the Foundation will still be liable, and potential party in a lawsuit, should it sign an agreement in which the organization shoulders oversight or ongoing responsibility or involvement in the project, as Provenzano suggested.
Select Board Chairman
In the meantime, the ice rink has been closed due to warm weather.
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