I need help. My Daughter broke her leg ice skating. The rink it happened at won't pay her med bills eventhough 0comments
thread starter published in 2009-04-06 20:43:37
they hadnt cleaned the sports_tag/view/id-ice'>ice but they still want us to prove negligence. Bad closed tiba spiral fracture 16wks in cast plus therapy..Doc said this isnt a bone you break by just falling....I am not famliar with skating can some help?
Is this a rink where your daughter goes often? If so chances are she knows some other people that were there when it happened so they can attest to the condition of the ice. If it was choppy or had stuff on the ice to contribute to her fall. Sometimes even too many skaters can be a hazard. What were the circumstances surrounding the fall? You need to be able to specify exactly what caused her to fall and be able to say that it was due to their negligence.
A spiral fracture of the tibia is no joke. You are talking major pain and long term recovery. I am so sorry this happened to your girl. The sad part is that the rink should have insurance to cover incidences such as this without having to jump through hoops to get reimbursed for medical expenses.
I would talk to others that were there. Then talk to the head hancho and just be nice....say you don't want to sue but after speaking with others seeing pictures that were taken (you are not lying there could have been pics taken) you either need him to come through with his liability insurance or you will be forced to pursue him through civil court. Remind him that the write up in the paper that will be sure to follow won't shine a good light on his charitable nature...his concern for his patrons. But you have to do what you have to do.
I'm so sorry for your daughter. My thoughts and prayers are with her....I hope she has a miraculously speedy recovery....and finds a new rink!
Quite frankly I don't think there is a real case of foul play going on in here from the rink's point of view. It would be different if the roof fell and crushed your daughter because the roof was poorly maintained or something. You don't even have a video of the incident where several people got serious injuries at the exact same time.
Another legigitmate case would be if one of the hockey players that are employees of the place were doing hot dog races during a public session when there's a lot of people already on the ice and crashed against your daughter een if she was inside the area solely designated for figure ice skaters. I saw this happen to a figure skater once where an idiot hockey player who knew the rules of the rink where he worked in hot dogged entered the figure skating area which is against the rules crashed into her and her lip got trapped in her braces and she started to bleed insanely. I've almost been crashed a few times myself but I'm so hot-headed that I skate violently towards them and dodge them on purpose just to scare them. Works every time but it does make me lose time and energy on a skating session that cost me 8 dollars (which isn't cheap in mexican economical standards).
Most rinks have a policy where you skate under your own risk. No rink I've ever been to either in Mexico or in the US has been excempt from that rule.
That kind of fracture is from rotating her leg and it twists and breaks like a twig. Fortunately she doesn't need surgery so she'll probably recover with no sequelae. Kids have an amazing capacity to heal broken bones.
Sorry about your case but either you keep your daughter living in a bubble cuse she will get hurt eventually or: Get private health insurance or move to a country that offers universal health insurance.
From a mexican point of view I just don't understand why americans are so greedy about making pointless lawsuits over everything when the idea of getting a quick buck instead of real justice. Sometimes you just have to live and forget things happened. Makes life more pleasant.
Go speak to an attorney. Usually consultations are free. Good Luck!
it is not the rinks fault that your daughter fell therefore they shouldnt have to pay for her medical bill.
sue them! talk to an attorney! if your from michigan try 800-CALL-LEE. rock n roll!!
I'm sorry she got hurt! I hate to hear when people get hurt skating and then they never want to go again.
You could try to get the rink to pay through civil court but I'm not sure how far it will go because I think most rinks have a "skate at your own risk" policy. They can only go so far to try to prevent injuries since they really have no control over how people skate or their skating abilities. If they could be out there with a pillow to make falls softer I'm sure they would! The best they can do is maintain the rink as best they can and supervise the skaters. As for resurfacing the ice as I mentioned before it takes a lot of time to work out ruts and holes. The ice was probably groomed prior to the session you skated on and as the session goes on and skaters skate on it the ice gets more ruts and bumps just from use.
I'm not a huge fan of taking people to court but here's a kind of off-the-wall idea.....maybe rather than court work with the rink in setting up a fundraiser. Together plan out a "safe skating" session have a skater from the local figure skating club (Learn To Skate Program) perform and give safe skating tips and demos. Have the rink sell hot dogs and soda charge for skating and rentals pictures with the Zamboni. Have some of the little guy hockey teams put on a a tiny demonstration. Maybe together it could be a positive community involving event to raise some money to help with your daughter's medical and therapy bills. Just an idea.....it might be more fun than court! :) Hopefully they'd see it that way too. Good luck to you and your daughter.
Hire a lawyer
A spiral fracture would be from a twisting motion. As long as you didn't sign any waivers of negligence then it should be okay. You should go back and take pictures or the skate rental area and cashier area. If no signs are posted about the dangers of ice skating a claim may be possible. If you really don't think you should be held responsible for letting your daughter take part in a well known and dangerous sport then call a claims lawyer. If he thinks your case will be profitable he will definately help you. Free consultation is common among claim lawyers. You can find one in the yellow pages
If they hadn't clean the ice then
WHY WAS SHE SKATING ON IT?
and when are people going to become responsible for the actions of their own children.
Was this a one-time skate or was she in lessons? Check your receipt because some rinks put a waiver right on there that by purchasing a ticket you're agreeing that if someone gets hurt it's not their fault. I'm a regular skater at several rinks and choppy ice is so common that it's not even remarked on. Skating is a dangerous sport and it's definitely a high-risk activity. You can't take skating lessons without insurance - that's saying something! I don't think you have a chance if they didn't just agree to help pay sorry. I hope your daughter feels better soon.
I'm sorry your daughter broke her leg. It must be hard to see your daughter in pain.
A spiral fracture is one that is caused when the bone twists. Common with ice skating roller skating or roller blading. Her body twisted her foot stayed in one place and her leg twisted.
It's a risk of skating and not a fault of the rink. Children do break bones it's a risk of being an active child.
I'm sorry for your daughter and I hope she recovers OK without any long term damage but I don't see why you should blame the operators of the ice rink unless it was clearly their fault. Life is full of risks - we all expose ourselves to risk continuously and I don't believe it is good for society if everyone immediately looks for someone else to take the blame (and cost) every time they have an accident. I agree the cost of medical treatment can be crippling but the choice is yours. Either you bear the cost of personal insurance or accept the risk or vote for a government that will provide free health care.
If you really think the ice rink operators were negligent and their negligence caused your daughters accident you should visit your community advice center or a lawyer for advice on how to make a claim.
I think you should just take responsibility for the accident instead of blaming the rink. if you belong to ISI they have an accident insurance program which you might be able to get help. Not sure if USFSA has any insurance for members otherwise i don't believe it would be the rink's fault. I skate everyday and take the risks and don't expect the rink to pay for my injuries.
Say what I think