Express Waiver Insulates Roller Rink from Negligence Claim

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Plaintiff roller skater sued defendant roller rink owner for monetary damages for personal injuries which plaintiff allegedly sustained when he fell while roller skating at defendant's roller skating rink. Plaintiff alleged that his injuries were due to the negligence of defendant or its employees in one or more ways. However, the plaintiff had signed an exculpatory agreement that expressly relieved the defendant rink from liability for negligence. In this respect, the defendant moved for summary judgment on plaintiff's entire complaint. Plaintiff objected to defendant's motion.

Plaintiff signed a waiver releasing defendant from any liability for damages or injuries that might be caused by the negligence or fault of defendant, its employees, or equipment rented from defendant. Plaintiff subsequently fell and was injured. The court granted summary judgment to defendant because the waiver and release were valid and binding and not in violation of public policy. There was no dispute that plaintiff signed the document prior to skating. Further, plaintiff had signed similar documents in the past at defendant's rink and had read the document at some point. Plaintiff also had skated at the same rink at least a half dozen times before the date of his injury. That evidence permitted the court to find that plaintiff was familiar with the principles of roller skating and roller skating equipment--including roller skates. Had plaintiff been totally unfamiliar with the sport and its equipment, the court would have been more inclined to accept his argument that he relied upon defendant to warn him of the dangerous conditions regarding the skates and that he did not fully appreciate the import of the waiver he chose to sign before skating. Defendant's motion for summary judgment was granted. The waiver and release were enforceable because plaintiff was familiar with the document, the sport, the equipment, and the facility.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Salvatore v. 5 D’S, Inc., 2001 Conn. Super. LEXIS 542 (Conn. Super. Ct. Feb. 20, 2001)