Your child was injured at a skate park. How much liability do they have?
Ice-skating can be a fun family activity that many people enjoy, but it can also be a dangerous one. Injuries are common in the ice rink. But, at what point does liability transfer from the individual who has been injured to the person responsible for the skate park? The answer to this question goes back to the debates of assumed risk and premises liability. An accident lawyer in New York can explain these terms in detail, but here is a quick overview.
Ice-skating is a sport and, therefore, comes with an assumed risk, which means that the second you step onto the ice, you should be aware of the dangers involved. You should know already that there is a chance you might be injured, such as those that occur with slip and falls, if you are not careful. Ice-skating rinks usually make people sign a waiver, releasing them of most of the risk and liability associated with ice-skating. Some instances do not apply under the “assumed risk” label, though. You should consult with an accident lawyer in New York to determine if your incident was an assumed risk or not.
Injuries that may occur
As we’ve already mentioned, ice-skating can be a dangerous sport. Stepping onto the ice, you should be aware that you might slip and fall. Any number of injuries can occur from these incidents, such as broken bones, fractures, concussions, cuts, etc. A personal injury claim depends upon the severity of your injury or injuries and, again, assumed risk versus premises liability. Contact a New York accident lawyer in New York for further advice on your particular circumstances.
Reasons for your injury
Whether or not you can make a personal injury case successful also depends on the cause of your injury. Whenever you go to an ice-skating rink, the instructors, company, etc. will provide you with either an oral or written list of safety instructions. If you were not following instructions and your breaking of the rules led to your injury, then you will probably not have a very successful case. Your injury must have occurred despite following safety precautions in order for the case to be successful. Or, you could be able to prove that you were not provided with adequate safety instructions, which caused your injury. If you are unsure as to whether the cause of your injury will entitle you to compensation or not, contact an experienced accident lawyer in New York for a consultation.
Premises liability in New York has three main components. First, it must be reasonably foreseeable that you would be on the property in order for your claim to qualify. For instance, if you were ice-skating past operating hours, then your case may not be heard. Second, the owner of the property was negligent in that he failed to maintain safe conditions, or did not provide fair warning (e.g. a “thin ice” sign) of dangerous conditions that had not been taken care of. Furthermore if a skating rink does not properly supervise the rink and a group or even a single skater is skating in a manner that poses a danger to other skaters the rink could be liable to anyone who is hurt if they do nothing to stop the dangerous behavior. Third, this negligence or lack of fair warning was a direct cause to your injury.
Gathering evidence at the scene
After the incident, if you are well enough, you should gather evidence and information about what happened, even if you are not entirely sure about who will be held at fault. However, don’t worry if you can’t gather this evidence as your New York accident lawyer can look after this for you. This evidence will need to be presented to your New York accident lawyer in order to best pursue your case. First, they will speak to witnesses of the incident, getting names and contact information for reference. Second, they will take photos or videos of the cause of your injury (e.g. a hole in the ice). Third, they will get the medical reports, if necessary to further support your case.
If you think you have a case after being injured at an ice-rink, contact an accident lawyer in New York to discuss the details of your case. They will give you guidance on what your next course of action should be.