The Winamac Park Board continues to evaluate the town’s relationship with the Eastern Pulaski School Corporation. While the schools use the Town Park for some athletic activities, there’s no formal lease agreement between the two entities.
Park board members say they don’t intend to charge the school corporation for the use of park facilities. But they would like to clarify whether the town or the school corporation would be liable for injuries that occur during school athletic events.
Town Attorney Justin Schramm told the park board last week that the issue is complicated. “High school sports are kind of funny in Indiana,” he explained. “It’s a little bit different. There’s no liability, so long as the injury occurs within the nature of the sport. So football, for example, somebody breaks their neck, then the school is not, under Indiana law, liable for that injury. It’s different if the facility itself, something is defective or not kept up. For example, somebody falls through a five-foot hole in the middle of the football field returning a kickoff, it could be a different story. I’ve not explored that avenue a whole lot.”
However, Schramm says towns don’t enjoy the same protections as school corporations, under Indiana law. “We aren’t precluded from liability like the school would be for a function,” he said. “So who would get sued? It would be the Town of Winamac, since they probably aren’t going to be able to come back on the school for that.”
He added that while the town couldn’t completely eliminate its liability, it may be able to take some steps to reduce it. “It could be that we, as an entity, ask the school, if they sign a waiver when they play sports to begin with, maybe they sign a waiver releasing the town from liability,” Schramm suggested. “Does it completely expunge you of liability? No, it doesn’t, but at least it’s a step in the right direction.”
Park Manager Dave DeLorenzo also suggested putting together a checklist of the park’s athletic facilities. Then, before the start of each sport’s season, he and a representative of the school corporation would use the checklist to inspect the facilities, to make sure each of them is adequate.
Meanwhile, the park board voted to allow Schramm to discuss the liability issue with Eastern Pulaski Superintendent Dan Foster.
