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Injured Roller Skater Tossed From Court - Suit Barred By Doctrine of Primary Assumption of Risk

On July 7, 2021, a New York State appellate court covering appeals from Kings County Supreme Court agreed that an experienced roller skater at the Pier 2 Roller Ring at Brooklyn Bridge Park could not sue for injuries suffered when she tripped over an uneven portion of the wooden rink floor. This 30 year old woman sustained a left wrist/distal radius fracture which required an open reduction and internal fixation to treat her injury and she will likely develop permanent traumatic arthritis.

The general manager of the rink explained that the spot where the plaintiff fell periodically buckled due to an expansion joint in the pier beneath the rink which was designed to expand and contract to avoid cracking. On the day in question the rink followed its customary practice of placing a single orange cone in the area to warn skaters away. The plaintiff agreed she saw the orange warning cone at the impending accident site multiple times but at the time of her accident she was skating backwards and didn't see the orange cone.

The appeals court explained: "Under the doctrine of primary assumption of risk, a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from such participation.... This includes risks associated with the construction of the playing surface and any open and obvious conditions on it, including less than optimal conditions." The only way around the strict application of this rule is when the defendant conceals the unsafe condition or unreasonably increases the risk by placing a warning sign or cone. Goulet v Pier 2 Roller Ring at Brooklyn Bridge Park, 2021 WL 2816691

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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