I have a super sensitive, sweet son who is a hockey player. Last spring he wanted to improve so we had him in private skating lessons. He is expected to practice what he learns during open skate. One day he was practicing and bumped into an old lady who was standing on the ice. My son was horrified and stayed with her until an adult arrived. She tried to sue the rink but it is a "skate at your own risk" facility. She is now suing us.
Do we have a leg to stand on? My son did nothing intentional or wrong.
2007-08-30 07:20:36 · 16 answers · asked by starbrite74♥♥ 3 in Politics & Government ➔ Law & Ethics
I live in the US
2007-08-30 07:28:54 · update #1
anybody can sue for anything anymore, and there are a lot of under-employed lawyers who will take the case on a contingency basis. Talk to your homeowners insurance company if you have one, there are clauses in there for accidents away from the home. they may provide you with a lawyer. otherwise, get one on your own. it will cost a couple of bucks, but better to pay a grand than a million.
2007-08-30 09:58:18 · answer #1 · answered by don't plagiarize 7 · 0⤊ 0⤋
Well the question isn't about intent. It is whether or not your son was negligent. Children have no capacity to sue or be sued in court. They can become defendants (or petitioners) through a parent or guardian. The theory then becomes the parents are liable for failing control the activities of the child.
I would say that if this is more than a small claims issue, you need to hire an attorney. If she is looking for a deep pocket here, she may have named your home owners insurance as a defendant too. Some policies have coverage for these things, although rare.
Defending on your own, I would use the rink's "skate at your own risk" as your defense. Getting bumped into on the ice is a foreseeable consequence of getting on the ice.
2007-08-30 14:33:59 · answer #2 · answered by hensleyclaw 5 · 1⤊ 0⤋
If you're in an assumption of risk state, unless your son was doing something negligent or intentional to cause the accident, then you should have no liability. Even if the rink didn't say skate at your own risk, if the standard for athletics and recreation is assumption of risk, she, by getting on the ice, agreed that she might get bumped and injured.
2007-08-30 14:33:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You say the rink is a "skate at own risk" facility. You don't say if they put up notices to that effect.
I'm UK, btw. We have a local ice rink where they segregate the skaters by age groups. Not forcibly, but by advice and by having "under fives" sessions and so forth.
If you local rink has not actually put up a notice, and if they don;t operate any public safety regimes like segregation or "kiddy safe" sessions, then *you* may actually have a case against *them*. This might serve to offset any case brought against you by the elderly woman.
If there are notices as described, then she should have no case.
2007-08-30 17:42:21 · answer #4 · answered by HUNNYMONSTA 3 · 0⤊ 0⤋
Not a Attorney, but common sense, if she was that old why was she there. At your own risk, should mean at your own risk. If it was intentional your son would not have stayed there for help to arrive. Get a lawyer to cover your butt. Personally this is like the Hot Coffee crap that should have been thrown out of court.
Really need get that stupid law suet in place to stop some of these frivolous law suets.
Hope all goes well for you.
2007-08-30 14:45:23 · answer #5 · answered by tannum2000 3 · 0⤊ 0⤋
I would be surprised if she can do this. But your best bet is to contact a decent lawyer and get their opinion. If the rink has a skate at your own risk policy, it is hard to imagine that individuals who are not doing anything silly or wrong could be liable. Otherwise skaters would all be made to take out public liability insurance.
2007-08-30 14:30:06 · answer #6 · answered by Tefi 6 · 2⤊ 0⤋
It just shows what a mad world we live in.
Go to a solicitor I'm pretty sure the ''skate at your own risk'' will cover you too.
Also what about contributory negligence on her part. What was she doing standing in an unsafe place? Was she looking for an accident to happen perhaps?
2007-08-30 14:31:18 · answer #7 · answered by DanDan der scheiss-hausmann 3 · 1⤊ 0⤋
let her carry on spending the money on trying to sue you dont do nothing dont even reply to any letters. when it gets to a court date just call one witness in defence the manager of the ice rink and ask him to confirm there is notice to the effect "skate at your own risk" case dismissed so simple and hardly any cost, if she cannot sue the rink because of the notice the same applies when sueing you cheers for the points
2007-08-30 15:28:23 · answer #8 · answered by Anonymous · 0⤊ 1⤋
they wont get anywhere with sueing you it blatently says skate at your own risk so how can they sue, the old woman is just trying it! but make sure you speak with a good solicitor any way. good luck
2007-08-30 14:30:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
She knew the risk when she got on the ice. Accidents happen and she stated she was aware of the risks when she got on the ice.
As long as it wasnt malicious in any way you will be fine.
2007-08-30 14:39:46 · answer #10 · answered by futuretopgun101 5 · 0⤊ 0⤋