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Errors & omissions insurance is real estate insurance against liability claims based on craftsmanship that differs from approved specification.
Most reputable skatepark designers carry E&O insurance. The insurance is acquired on a per-park basis, and skateparks are typically more costly to cover than other park features based on the athletic and hazardous nature of the activity.
Some park design or landscape architect firms are reluctant to advocate for skateparks in their designs based on the high deductible of E&O insurance.
E&O insurance protects the city, parks department, and park designer from litigation based on design and/or construction which fail to meet state safety standards. For example, architectural design requires very specific treatments for handrails on staircases, but at skateparks those requirements are overlooked due to the unique nature and intended usage of the structure. Essentially, skateparks break all the rules of safety and, as a result, require enormous design insurance. The insurance will generally cover legal defense fees and final judgment awards, should the designer be proven at fault.
To date, there have been no resolved claims for errors and omissions at skateparks in Washington or Oregon, 2 states having proportionally high numbers of open-access public skateparks. However, almost every municipality will require proof of E&O coverage from the design firm.
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