Roller Rink Caused Sprained Ankle

[silo]

Jurisdiction

New York

I sprained my ankle from weak skates a roller rink rented to me. I truly feel the rink was at fault since I complained that the 1st pair they gave me was not tuned correctly. When I coasted they had the strong tendency to turn to the left despite my best efforts to trying to ride straight. I went back to the rink office and asked for a 2nd pair. Again as with the 1st pair this new pair tended to angle to the left. After about 5 minutes of riding I fell and caused a clean break to the bone on my ankle. I was out for 10 weeks before recovering.

The other day I told my friend about this. She suggested that the rink was at fault and that I should seek damages and that I have a good case. Do I have a case?

 

[Highwayman]

I don't know what "weak skates" are and I also don't know how roller skates get "tuned".

If you were having a problem with the second pair you should have had them replaced too instead of still using them.

I doubt you have a case for anything. Of course, feel free to consult with a local attorney.

 

[army judge]

he suggested that the rink was at fault and that I should seek damages and that I have a good case. Do I have a case?

No.

Why?
Forseeability on YOUR part.

Foreseeable is a creature used in tort law to limit the liability of a party to those acts which carry a risk of foreseeable harm, meaning that a reasonable person would be able to predict or expect the ultimately harmful result of their actions.

You knew that one skate potentially could cause you to get hurt.
You returned that skate, and the second skate presented with the exact same issue.
Yet, you chose to assume the risk, and used the skate.
You recognized the risk, yet assumed the risk despite knowing or suspecting a potential issue.

That is one of the arguments the attorneys for the skating rink could make.

There are others.

Therefore, you have no case for which you could effectively pursue a remedy in court.

You remain FREE to consult personal injury attorneys in your area.

I wish you a speedy and sustained recovery.

 

[zddoodah]

I don't know what "weak skates" are and I also don't know how roller skates get "tuned".

Make that two.

When I coasted they had the strong tendency to turn to the left despite my best efforts to trying to ride straight. I went back to the rink office and asked for a 2nd pair. Again as with the 1st pair this new pair tended to angle to the left.

And you apparently continued to use them for five minutes without asking for another pair.

She suggested that the rink was at fault and that I should seek damages and that I have a good case.

Is your friend a personal injury lawyer? Or a lawyer at all? I assume not.

Do I have a case?

Probably not. You probably signed a waiver. You also assumed the risk. Any reasonable person who uses "loaner" equipment at a skating rink or bowling alley knows that the equipment is not going to be state-of-the-art or maintained in any condition better than "usable." If you had a problem with the equipment, you should have stopped using it immediately.

That being said, feel free to consult with a local personal injury. Also, the rink probably has liability insurance with medical payments coverage that will pay up to a fixed amount (probably $5-10k), regardless of legal liability, for injuries occurring on the premises. I assume you made an injury report at the time, right?