Do I have a case if I broke my leg and need surgery from a fall at an indoor rock climbing facility?
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Do I have a case if I broke my leg and need surgery from a fall at an indoor rock climbing facility?
I was bouldering over landing pads on the ground. When I got to the top of the wall I looked down to confirm that there was a good landing spot. When I landed a felt and heard the injury. I wasn’t sure what happened because I had such a controlled jump. We looked at the pads and what I thought was a uniform pad was actually a three inch gap between two pads (covered by a piece of velcro of the same color as the pad). Other injuries occurred in the same place and the managers knew of the problematic area of padding. As the climber, I had no idea of the gap between the pads. Was this negligence?
Asked on March 25, 2012 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue the rock climbing facility for negligence for your injury.
Prior to filing your lawsuit, it may be possible to settle the case with the rock climbing facility's insurance carrier. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim filed with the rock climbing facility's insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. If the case is settled with the rock climbing facility's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the rock climbing facility's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the rock climbing facility. If the case is NOT settled with the rock climbing facility's insurance carrier, you will need to file your lawsuit for negligence against the rock climbing facility prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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