I need some ideas on a business law questionJesse and Samuel agreed to purchase a parcel of land and make it a skatepark available for free public use. They named the skatepark “Rock ‘n’...
I need some ideas on a business law question
Jesse and Samuel agreed to purchase a parcel of land and make it a skatepark available for free public use. They named the skatepark “Rock ‘n’ Roll Junction.” Anna and Samuel improperly installed one of the skate rails and a skater was injured. Suit was brought against Rock ‘n’ Roll Junction. Can damages be recovered in this instance? If so, from whom can they be recovered?
There is something called "Assumption of Risk." Think "ride at your own risk." The party is agreeing in advance to the risks that may be involved in a particular situation. I'm not sure if Rock 'n' Roll Junction had signs posted that said "Skate at your own risk," but nevertheless they would be liable. The reason being is the assumption of risk is about the risk that is reasonably to be EXPECTED. For example, a spectator at a hockey game should expect that a flying hockey puck may cause injury. However, they should not expect that the seats will collapse in the arena while watching the game.
The same goes for your situation. The skate should assume such risks may occur such as falling off of his skateboard and breaking a bone or getting cut. However, he/she would not reasonably be expected to assume that the skate rails would be improperly installed and he/she would become injured.