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Lawsuit Alleges Child Injured After Ice Rink Staff Denies “Safety Penguin”

When it comes to skating, inherent dangers include the risk of falling, the risk of colliding with another skater, and the risk of skating into a wall or other structure in the facility. So, typically someone injured can’t file a lawsuit against a rink operator if an injury occurred as a result of a reasonably expected aspect of the skating experience. On the other hand, skaters and other patrons injured may be able to file a lawsuit and seek compensation for injuries sustained, if it can be proven that the owner or operator of the rink failed to abide by its requirements under state law. Depending upon the unique circumstances of your case, it may not matter whether the injury was partially caused by the inherent risks of skating. Because such premise liability cases often involve complicated legal issues, it is best to consult an experience attorney to determine your rights. When significant financial damages are incurred, such as extensive medical expenses or lost wages, lawsuit funding may help plaintiffs until the case settles.

A mother took her 5-year-old daughter to Bryant Park for a fun day of ice skating at the park’s Winter Village. The woman said she repeatedly requested a “safety penguin” to help her child skate, but was refused by rink staffers who said the penguins were only for children four and younger. A “penguin” is a plastic balancing aid that kids can hold in order to stay upright. The woman has since filed a lawsuit alleging that her daughter was seriously injured in a fall due to staff negligence. The complaint alleges that staffers didn’t understand their own rules and that the criteria for getting a penguin was a kid’s height, not age. The lawsuit seeks unspecified damages.

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