I took my kids roller skating Sat. night and because a kid was cuting across the floor the wrong direction, a man swerved and knocked me down and I landed on the side of my face. I had to go the ER and I don't have health insurance. I am fine, but in a lot of pain (was given painkillers and anti-inflamitory meds) and will miss work. I hate the culture of suing for everything, but I'm also worried about my hosptial bills and if I may have any long term damage I don't know about yet.
2006-08-07 04:27:51 · 19 answers · asked by lorgurus 4 in Politics & Government ➔ Law & Ethics
YES, it might be the rink's fault - they owe you a duty to protect you from people skating crazy - that's why they have monitors on the rink floor telling people to act safely. You may have an action against the crazy guy... and the rink owners may know who he is. Your state may have laws that protect skating rink owners just like ski slopes are protected by state law from injuries caused by crazy skiers...(you know that skating is risking and iheriently and you assume all risks...) You would have to talk to an attorney to find out what your rights are... an initial consultation would probably be free (because it's a personal injury case) so you should make an appointment.
Have some professional (but inexpensive) pictures taken of your injuries if you are bruised. Let the photographer know why you are having the pictures taken...keep a diary of your misery/pain and document how much time you miss from work, and related matters. Document any witnesses and your memories of the event (were there any employees in the rink watching for crazy skaters?)...
K's right, try the owner first. If your claim is small, they may prefer to pay your medical bills as opposed to getting an attorney involved.
Finally, I'm not an attorney, but there are time limitations and you need to act timely so that your rights are protected and not waived for reason of the expiration of any applicable time limitations.
Good Luck.
2006-08-07 04:45:54 · answer #1 · answered by vbrink 4 · 4⤊ 0⤋
The fault was really the boy's who cut across the floor in the wrong direction. Secondarily the responsibility lay with the buy who ran into you. But I am assuming you did not talk to the rink people that night. If you didn't talk to the rink people that night and have the two men identified then you are in a weak position for fighting for anything.
You can talk to a lawyer who deals with these sorts of cases,
and perhaps he could arbitrate some help for you from the rink.
But proof is a problem, and your own kids might not be credible since they might be considered biassed.
2006-08-07 04:53:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I think you should go to the skating rink and have a talk with the owner. There probably is a sign somewhere about skating at your own risk because people fall and break things all the time. However if you go at it nicely, they just might cover your bills.
It may not work however unless you have witnesses. I fell and badly cut my knee. Had to go to the emergency room and have about 150 plus stitches. Because I was so worried about looking like an idiot and who saw me fall (there was a chug hole full of rainwater..no way to see how deep it was) I didn't say or show anything to the cashier. Needless to say the owner was a jerk and although I just needed the medical costs covered, I couldn't prove it happened there.
Good luck....
2006-08-07 04:36:04 · answer #3 · answered by K's Mom 3 · 0⤊ 0⤋
its the kid that cut across that course the accident not the rink so its the kid you would have to sue.....and really when you go skating be it roller or ice you know the dangers you can face before hand and when you pay to use the rink you are entering into a contract stating that you know this and so to sue is sense less .. if you were left disable then that's a different matter.... would you sue a carpet company if you fell on there carpets or the company who made the stairs that you slip on ?
2006-08-07 04:47:09 · answer #4 · answered by carol p 4 · 0⤊ 0⤋
You should go after whoever knocked you down. The ice skating rink cannot control everyone on the ice and probably displays signs somewhere about its policies. I don't know if you have a legal aid office or someone that can personally help you, but I would try to bring it to a legal aid office or even a lawyers office. Sometimes they have a free consultation.
2006-08-07 04:36:37 · answer #5 · answered by KIT-KAT 5 · 0⤊ 0⤋
Hopefully you talked to the skating rink about it when it happened, and they made a report. When you get your bills, take them over to the skating rink and see if they have insurance that covers it, or contact the insurance company yourself. Try that first. If they aren't working with you, talk to a lawyer, and find out what your rights are. There are several steps you can take before going to court. Good Luck!
2006-08-07 04:34:28 · answer #6 · answered by hichefheidi 6 · 0⤊ 0⤋
I think when you go roller shaking, you assume a certain amount of risk anyway. I don't think you should or could sue the skating rink. To sue, there has to be negligence on their part, and I see none. I doubt you will find an attorney willing to take your case. Sorry about your accident.
2006-08-07 04:37:04 · answer #7 · answered by surelycoolgirl 5 · 0⤊ 0⤋
I fell dec 9 while roller skating. the safe side. I use I guess what they call a walker. while I was skating one of the wheels fell off the walker while skating. I know a sign say skate at your own risk.but I know I would not have fallen if the wheel had not came off. the skating rink. is really terrible. the night I fell a little girl had also fallen. both the 2 front wheels are her skate fell off which caused her to fall. I have also seen another accedient wher I guys foot came out of one of his skates, causing him to fall. I went and bought my own skates since theirs are unsafe. but anyway when the wheel came off my walker caused me to fall and break my wrist really really bad.should I be able to make them pay anything.i have no insurance. so far it is so bad they still cant put a regular cast on it. also I ,m sure this buniness is not ran like it should be. they have no one on floor to watch skaters. they have ((((( children who give out the skates)))) never seen a adult ever giving out the skates.any advice ? please help me.
2014-12-22 05:08:44 · answer #8 · answered by Debra 1 · 0⤊ 0⤋
Oh for christs sake. Anyone with half a brain knows that if you go skating you run the risk of falling over and hurting yourself a bit. As the saying goes 'You pays your money you takes your chance' Have a paracetemol and stop being a wimp
2006-08-07 09:44:32 · answer #9 · answered by Mick B 3 · 0⤊ 0⤋
I think it's just an unfortunate accident and that you have no grounds to sue the rink. You can't really sue the guy as he was trying to avoid hitting the kid and you can't sue the kid because he/she is a minor.
Just put it down to experience and get insurance before doing anything potentially dangerous again.
Wendy
x
2006-08-07 04:34:25 · answer #10 · answered by Wendy 3 · 0⤊ 1⤋