Legal Question in Personal Injury in Virginia
Fall at Skatepark
My 14 year old son fell and broke his leg while skateboarding at a privately owned and operated skatepark. He was taken there by an acquaintance. His mother gave him permission to go. The facility had several signs posted stating all persons skated at their own risk. They also have a posted requirement that all users under 18 years of age have a consent form signed by a parent or gaurdian. The people on duty at the time, allowed my son to skate without getting a signed form. They did not call an ambulance or EMT. They also allowed my son to be transported to the hospital in a private vehicle. Do I have any claim against the park?
2 Answers from Attorneys
Re: Fall at Skatepark
It is possible that your son has a claim for the injury he received. It depends upon the facts. If his fracture was as a result of negligence on the part of the skatepark, he may be able to make a claim. The failure to obtain an appropriate waiver of liability is an advantage, but is not necessarily dispositive. A minor cannot waive liability. It is my recommendation that you pursue the possibility further.
Re: Fall at Skatepark
What you have not said was whether the skatepark did any thing negligent to cause the injury to your son. For there to be a sucessful liability claim there must be negligence. In other words the mere fact that your son was hurt is not enough. So I do not know if you have that kind of claim or not. What you might check is to determine if the skatepark has medical payments coverage under its insurance policy. You or whoever is responsible for your son's medical bills - even if he is covered under a hospitalization policy - could recover the medical bills incurred under that coverage, assuming it exists.
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