Hello,
MY husband recently got hurt while ice skating On Dec 31,2006...He fell on his face cut his chin and broked his wraist..Just today he had a surgery due to the serve bone fracture he had..Friends and family memebers keep on encourageing us to sue ,but who...I or should we say never had any problems with anyone in our lives and this is a first time we are encouraged to sue..I mean do we really have a case..CAn we really got something from the ice skatng rink due to my husband's fall? He now has to stay 10 days away from work and thats really gonna hurt us,its bad enough we r barely making now he has to stop working at all???? Please anyone give me any advices and should I really start doing something..(cause honselty I am really shy to call any lawyers ,cause I dont even know what to say or how to start)..THANK YOU for your time !!!!
2007-01-10 09:29:16 · 69 answers · asked by H.A 3 in Health ➔ General Health Care ➔ Injuries
Okay, yeah, you can sue. If a person can sue McDonald's because they were lame enough to spill coffee in their lap and it burned them and they actually won, then you can sue for anything. But, hey, with this, you would have to prove that the rink did something faulty. Was the ice damaged? Prove it. Was there something on the ice that caused your husband to fall? Prove it. Was there something wrong with the skates he rented? Prove it. Just accept that your husband was just a plain ol' klutz. This world has gone litigation crazy and everyone wants to sue everyone. Trust me, you will lose more than you will win, no matter how much you win. People have grown so vengeful and hateful. Ignore your friends and family (who, btw, only want you to sue because they think some of the winnings may trickle on down to them...!) and just move on.
2007-01-10 10:03:26 · answer #1 · answered by Venice Girl 6 · 1⤊ 2⤋
Now, I don't mean any of this in a bad way, but I think it would be the wrong thing to do. Please don't sue. It's pointless, you will probably just cause ill will for yourself and make a local business (that you enjoyed until an accident occurred) suffer. What if you put them out of business? Accidents happen, and I am sorry that your husband is suffering, but there is an implied risk to any sport and you would be wrong to sue.
People going "sue crazy" in this country is what has led to playgrounds not being built anymore or having existing ones dismantled - too many lawsuits because children fell while playing etc.... Didn't we all bump our heads or break a bone or two as kids? Did your parents sue everyone because you scrapped a knee or chipped a tooth?
Was it the ice rinks fault? People fall ice skating all the time. Besides, the people who get the majority of the cash are the lawyers.Please don't do this. Your family is wrong to advise you to try to shake money from a business that only provided a place for you to skate. How woud you feel if you were sued for no good reason over an accident that was not your fault?
2007-01-10 21:06:20 · answer #2 · answered by slipstreamer 7 · 0⤊ 0⤋
If everyone who fell down while ice skating (which is sort of PART of ice skating), ice skating rinks wouldn't be able to afford to stay open. They'd shut down and then no ice skating for you or your kids.
No offense, but it sounds like the people in your family aren't very good people. Didn't they try to teach you anything about being a good person and acting virtuous and in general being better than some self-centred conniving scum who will sue the moment they think they can get their grubby hands on free money?
Maybe if they had taught you some virtues, you'd be less shy and more capable of being a complete person.
People fall on hard times, and usually they don't have a way to get the money they need. You ARE in need of money, especially for the time lost, but if you didn't have anyone to blame for his injury, where would this money come from? Now you're hoping that a lawyer can squeeze compensation from the ice skating rink, even though they really aren't at fault and you know it. When you skate, you risk falling down, end of story. A good person would just do their honest best to get by, and not resort to suing.
Can you think of anyone you admire who would sue, even if they really desperately needed the money and the other party was clearly at fault?
2007-01-10 11:15:12 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Accidents happen. You take your own risk when you go ice skating. It's not the rink's fault he fell so I think it would be ridiculous to sue for something like that. There could be some chance that you could get some money depending on the judge's feelings, but why go through all that if it was just an accident and not the business' fault in the first place. I wouldn't sue for something like that. I would say I took the risk and I'm the one that fell, so it's my fault. Ice skating is definitely not risk free.
2007-01-10 10:01:35 · answer #4 · answered by Full Moon 3 · 0⤊ 0⤋
If there is a sign posted like "skate at your own risk" or "we are not responsible for any injuries, etc.", you likely do not have a case. I'm sorry your husband suffered injury, but ice skating is not exactly the safest activity to engage in, especially if he is not used to being on skates. He assumes a reasonable amount of risk when going on the ice. Plus it's not really worth any attorney's time to deal with your case; they've usually got bigger fish to fry. Do you really think if you sue and you are successful you and hubby will be awarded a huge settlement (before fees and such)? We've already have enough people overloading the system with lawsuits (frivolous or not); don't add to the problem. Just get through this chapter in your lives and move on.
2007-01-10 09:59:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
NO you skate at your own risk and I'm sure there is plenty of notice at the ice rink to that effect. You can't sue the city for being hit by a car or sue the bowling alley cause you sprained your wrist from rolling the ball wrong. The ice rink's not responsible if you don't know how to skate without falling, if you don't know what you're doing then either be careful or don't skate!
2007-01-10 09:50:51 · answer #6 · answered by romulusnr 5 · 3⤊ 0⤋
Yeah - its the rinks fault your husband is uncoordinated and cannot skate without training wheels....
Unless the rink was guilty of leaving a dangerous situation that caused your husbands fall, they are not at fault. There is some inherent danger in skating and you take that risk on yourself when you pay to skate.
People in this country are litigious and want free money. Do you really want to stand before a court and say "Im an idiot who needs to be protected from myself?" Cuz thats what youre saying when you blame someone else for your fall...
Your husband can apply for Disability Insurance. He will get it after being off work for more than three days...
2007-01-10 10:04:16 · answer #7 · answered by YDoncha_Blowme 6 · 0⤊ 0⤋
Yours sounds like it would be a frivolous law suit, thus it would be kicked out of court and you'd have to pay all the court costs. The only way you could sue the ice-skating rink is if the accident or fall was a result of some neglicence on the part of the ice-skating rink. Keep in mind that you'd have to get people who witnessed the negligence and the fall.
2007-01-10 09:50:44 · answer #8 · answered by Muga Wa Kabbz 5 · 4⤊ 0⤋
These days people sue for anything. Whether you win or not is another story. I am not a lawyer but if the rink was negligent somehow, you may have a case. However, there are risks involved in ice skating itself, the rink probably has warnings posted somewhere. If it was due to their negligence, yes, if it was your husband's inexperience or something else not associated with the rink, I would say no. I am sure an attorney on here could tell you better than I could.
2007-01-10 09:45:44 · answer #9 · answered by periellen38 2 · 3⤊ 1⤋
Well, unless the ice rink created a hazardous condition or knew that a hazard existed and did nothing about it, you will have a difficult case. When people do something like ice skating they are taking on what is called "assumption of risk"......in other words, there are risks when we do something like ice skate and your husband was certainly aware of that.
You can talk to a lawyer and you will probably find one who will file suit for you, but be prepared for a long hard battle with the ice rink.
2007-01-10 09:57:42 · answer #10 · answered by Anonymous · 1⤊ 0⤋