My 8 year old son, who had never skate before, took a free roller skating lesson at our local skating rink. I asked if he could use the plastic trainer because he was such a beginner and the teacher said no because she didn't want him to rely solely on the trainer. 1 hour in he was practicing and still kept falling. She then told him to push off on a wall and skate/ glide BACKWARDS. He couldn't even skate forwards that great yet. He did it a couple times, she told him to continue and she skated away, that's when he fell breaking both bones in his wrist. Would that be considered negligence? Having an 8 year old beginner skate without a trainer AND backwards?
See a lawyer near you. If you signed a waiver prior to your son skating make sure to bring a copy of that to the consultation.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Your son may have a case. If the rink agrees to settle, a guardian ad litem would have to be appointed by the court to approve the settlement because your child is a minor. The money would be placed in an annuity that would be distributed to your child after reaching the age of majority. Retain an experienced attorney here in central Florida for representation.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Unfortunately these cases are never as cut and dry as they seem like they should be. You should definitely schedule a consultation with an attorney experienced in handling personal injury claims in the Bradenton area as soon as possible. Be sure to bring with you any information you were provided by the facility – including any forms they may have asked you to sign. If you have the name of the trainer that will be really helpful for the attorney as well. While it does sound like the trainer may have been negligent, there are many factors to be considered best explored by an experienced attorney. Most personal injury lawyers offer a free consultation and are only paid if they collect money for you, so it should cost you nothing to look into this further. Best wishes.
This answer is provided as a public service for informational purposes only and is not intended as legal advice. Providing this information does not create an attorney-client relationship nor is any information shared considered privileged or confidential. As with all legal matters, you should contact an experienced attorney and be aware that there are time limits for asserting potential claims.
This possibly is a viable claim. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Its possible - the key here will be getting past the releases and your ability as a parent to have said - NO! This is not safe! as you were right there. The key here may be the refusal to allow use of starter skates and the reliance on the instructor who may not have even been qualified or trained for provide such instruction. .....you need to bring this to an injury lawyer ASAP. Having handled several cases like this is in past - the key here will be establishing that the degree of negligence or conduct on the part of the rink was not waived or exceeded the reasonable "assumption of risk".....you need get on this ASAP.
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It would be worthwhile to seek consultation on behalf of your 8 year old son.
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