We were at the skate rink and she fell backwards and broke her wrist we are at hospital now.
You cannot sue. You have nothing to do with it.
She can sue---if she can prove the rink did something wrong she might prevail.
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Well, she was skating and falling is part of that sport. You have to show something the rink did to cause the fall
Probably not. There is a statute or codified law in Ohio which states that a skater assumes the risk of injury. Further if your wife signed a waiver form this would prohibit a claim against the rink.
The key question is why did she fall? Due to carelessness by the rink or just a fall inherent to ice skating? There has to be some fault by the rink for her to recover damages like medical expenses and pain suffering.
You need to be able to prove a theory of liabilty to have a successful claim. Just because your wife fell and broke her wrist does not mean Castle Skateland did anything negligent. The elements of negligence are duty, breach, causation and damages. To have a winning claim, your wife must be able to prove all elements of the claim. The big unknowns based on your facts are did Castle Skateland breach a duty to your wife which was the direct and proximate cause of her injury. Contact a lawyer directly to discuss this matter in greater detail.
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