Roller skates are a type of boot that has wheels on the bottom. Typically there are 4 wheels, but 2 wheels is also possible (in that case it is called a “roller blade,” but the basic idea is the same).
Because people who are using roller skates are moving at a fast pace, and because stopping is not easy (at least for the beginner), roller skates present a risk of accident and injury. The risk of injury is also great because roller skaters share the roadways and sidewalks with other pedestrians and vehicles.
There are quite a number of ways a roller skating accident may occur. Accidents involving roller skates may be caused by:
- Collisions with:
- Motor vehicles
- Pedestrians
- Bicyclists
- Other roller skaters
- Collisions with stationary objects
- Accidents involving dangerous conditions, such as a pothole in the road or a crack in the sidewalk
- Accidents resulting from defective roller skates
Roller skating accidents may result in a number of kinds of injuries, including:
- Broken bones
- Lacerations
- Injuries to the joints
- Head or neck injuries
- Other types of injuries
Who Can Be Held Liable for a Roller Skating Accident?
In the United States, there are injury laws which protect a person from harm caused by another person’s misdeeds.
Liability for an accident involving roller skates depends on the situation. For example, if a car hits a roller skater, the driver may be liable if they were negligent or reckless when driving. The driver’s liability will increase if they were driving while intoxicated, texting while they were driving, or were otherwise compromised in their ability to react to the presence of the roller skater.
In other types of cases, the manufacturer of a roller skating product may be held liable if a product defect caused injury to an individual. For example, if a manufacturer puts out a roller skate model with a defective wheel design which makes the skates less stable, the skate manufacturer may be held liable for injuries which were caused by the defect.
Some roller skate injuries occur in locations where liability is limited or is waived by the skaters. For example, if roller skaters participate in a roller derby, they may have to sign an agreement waiving their ability to file a claim against other derby participants and the company that staged the competition.
An injured roller skater may still be able to hold another derby participant liable for injuries if the other participant(s) are reckless or intentional, or if their conduct is not in compliance with the derby rules. As an example, if a participant intentionally causes serious harm to another participant, the skater who caused the injury may be held liable despite the existence of a waiver. Similar factors apply to injuries that occur at skate parks.
Are There Any Legal Remedies for Roller Skating Accident Claims?
Some roller skating accidents may be serious and may involve complex legal issues. These cases may have to be resolved in court through a lawsuit. The type of lawsuit is called personal injury. In a lawsuit for personal injury, a plaintiff claims that they have sustained an injury, either mental, physical, or both, due to an act or failure to act by the defendant.
What Types of Damages Can a Court Award an Injured Plaintiff?
Injured plaintiffs who prove that a defendant has inflicted an intentional or negligent injury are entitled to compensatory damages. There are two main categories of compensatory damages: general damages and special damages.
General damages are damages which are awarded to the plaintiff to compensate for mental or emotional harm caused by the injury. This includes:
- Pain
- Mental anguish
- Trauma
- Feelings of humiliation or shame
- Insomnia
- Depression
- Self-destructive thoughts
- Anxiety or stress
General damages cannot be readily assigned a monetary value. The judge or jury may award whatever amount they consider appropriate for the case.
In addition to general damages for such things as pain and suffering, an injured person who successfully sues someone for their injury will be awarded special damages. Special damages compensate a plaintiff for the specific consequences of their injury and are meant to put them back in the position they were prior to the injury.
The special damages award is designed to cover expenses and losses which resulted from the injury, including:
- Hospital bills
- Doctor bills
- Other medical costs
- Loss of wages during the recovery period, and possibly also for future wage loss
- Other financial losses
In cases which involve injuries that were caused intentionally, there may be other damages awarded. This can include punitive damages, which are meant to punish the defendant. If the defendant is a large company it may take a lot of money for the defendant to feel and be punished. Punitive damage awards can run into thousands, and even millions, of dollars.
Can a Class Action Lawsuit be Filed?
In cases where the claim is based on a product defect, a class action lawsuit may be filed. This is a specialized kind of lawsuit where a number of people who have suffered the same type of injury can sue the manufacturer as a group.
This can be very effective when the amount of money lost by each plaintiff is not really enough to justify starting a personal lawsuit. However, by suing together, the amount of money suffered by the whole group of class action suit plaintiffs can be enormous.
What Do I Need to Prove to Get Compensatory Damages?
A plaintiff must prove several elements to be awarded compensatory damages. The plaintiff will be required to prove that a loss did in fact occur. The plaintiff also has to show that the injury occurred because the defendant did something (or failed to do something) either negligently, recklessly, or intentionally.
In other words, the plaintiff must show that some wrongful conduct of the defendant was the cause of their injury. For example, if a defendant was speeding and that caused them to be unable to stop in time to avoid hitting and injuring the plaintiff, the defendant may be held liable.
In order to prove their claim, a plaintiff will need to preserve and gather various forms of evidence which may be used to support their case, including:
- Statements from witnesses
- Photos or videos of the the accident or incident
- Various documents, including police records or medical bills
- Physical evidence, including things like broken glass on the ground or roller skates that fell apart
- Any item or evidence that may assist the court with calculating damages
A court will consider a wide range of factors when calculating compensatory damages, which may include:
- The background of the victim, including their age
- The type of injury the plaintiff suffered as well as the extent of their injuries
- Costs which are associated with treatment or rehabilitation
- Changes in the plaintiff’s ability to earn a wage after the incident
- Actual losses of income
- Whether any property damage resulted from the accident
- Other financial impacts on the plaintiff’s quality of life
Do I Need a Lawyer for Help with a Roller Skating Accident Lawsuit?
It is essential to have the assistance of a personal injury lawyer for any issues, questions, or concerns you may have related to a roller skating accident. These types of claims can be very complex. Your lawyer can review your claim, assist you with filing a lawsuit, and represent you during any court appearances, negotiations, and important meetings.
