Ice skating is a dangerous sport by nature. This does not mean that a lawsuit will be successful if an ice skating accident happened. However, there are incidents where someone or the ice skating rink owner might be responsible for the accident. Those circumstances are discussed below.
If you were injured in a an ice skating accident, you may be owed damages. Contact After Personal Injury today to get put in contact with a local ice skating accident attorney in your area.
Ice Skating Rink Operators
Ice skating rink operators should keep the equipment safe. The operator can be liable for negligence due to failure to meet these obligations. However, the operator is obligated to prevent any possible accident concerning ice skating danger.
The operator must always take the necessary steps to fix or prevent dangerous situations or conditions that the operator should know. Posting warnings or notices is never enough to have the operator fulfilled in duty.
Other Skaters Liability
Other skaters can also be held responsible for any possible cause of intentional tort or negligence if they are held responsible for causing injury to the plaintiff. For you to succeed with the internal tort case, you must prove that the defendant had the intention to cause the harm to the plaintiff.
For instance, a battery case can be caused to deliberately push someone from behind. For you to succeed in the negligence lawsuit, you’ll have to prove that the defendant behaved in a way that is not required in ice skating. These occasions can be described as skating erratically or aggressively against other skaters flow. However, the defendant cannot be liable for a cause of injury if they slipped and collided with someone unknowingly. Anyone skating must accept some associated risks.
Defenses to Lawsuits in the Ice Skating Injury
Under the assumptions of risk doctrine, the plaintiff is more likely to lose the case if the defendant can show that the plaintiff exposed themselves to the risk. There are some risks assumed in ice skating such as bumping, falling, or slipping into other ice skaters. Some other risks associated with ice skating involve the results of attempting to cross a frozen surface.
However, risk assumptions cannot be applied to all skating injuries. A reasonable skater assumes that he is the one responsible for their injuries. For this reason, they do all they can to stay by the doctrine.
A similar defense is a comparative or contributory negligence. In essence, the defendant can have the damage amount eliminated or reduced if the negligence of the plaintiff resulted in the injury.
If you were injured in a an ice skating accident, you may be owed damages. Contact After Personal Injury today to get put in contact with a local ice skating accident attorney in your area.