Q:

Can I make a claim against a blading rink for injuries sustained while skating there?

To make a succesful claim, you need to satisfy the four elements of negligence on the part of the rink's management:
(i) There is a “duty of care” owing to you because you have an implied contractual relationship (as a customer) with the rink operator;
(ii) the “standard of care” was breached because the excessive polish renders the ring unfit for blading and there was inadequate cautionary measures,
(iii) there was “material injury” – the injury to your tailbone and
(iv) the injury is the “direct consequence” of the negligence. However, the rink operator has strong defences against your claim. He will first claim that by ignoring the warning, you impliedly consented to the risk of injury. If this is successful, you’ll get nothing and very likely have to pay for his legal costs. His other shield will be that of “contributory negligence”. He can easily prove you failed to take reasonable care of your own safety and this resulted in your injury. All in all, you might not be able to claim the full sum for your injuries and may end up being in more agony than you are now. Put this one down as a painful lesson, don’t make it an expensive one.

Tags: Ask The Experts, Guy Wisdom, Legal Ease, Money, Money, Useful,