Recreation Center Roller Rink wins lawsuit based on Assumption of the RiskPosted: April 1, 2008
MaineCoastNow.com is reporting in Mid-Coast Recreation Center in Rockport successfully defends itself in negligence lawsuit that the Waldoboro elementary school teacher lost her case at trial. The teacher suffered a fractured shoulder after she was struck from behind by a student. The trial was two days long and ended after the judge entered its order for the rec center.
The Judge ruled on two different legal theories the first was based on the claims of the teacher. She argued the rec center did not have enough employees patrolling the rink. The judge ruled the plaintiff failed to prove that more employees would have prevented her injury to be successful on her claims. The second argument was the teacher assumed the risk of her injuries when she decided to roller skate. For more information on these legal theories see Assumption of Risk and Inherent Risk in Higher Outdoor Education, Case Brief: New York Court Finds for Club Med in 2002 Patron Bike Fall and Case Brief: City of New Orleans and Dog Owner not Responsible for Injured Cyclist.