skating fall injury question

[bornitz]

What is the name of your state (only U.S. law)? California

Hi,

A good friend of mine in Santa Barbara bought a new pair of roller skates on Sunday morning. She didn't like the stock wheels so she took it to a local skate shop and purchased wider/softer wheels. An employee at the skate shop installed the wheels after she paid for them. She went skating that afternoon (wearing, knee pads, elbow guards and a helmet). A wheel came off causing her to fall which caused a complete tear of a ligament in her left thumb. She is an ICU Nurse professionally and an excellent musician (guitar/bass) semi-professionally as well as it being her passion in life.

The injury was so severe that she required surgery yesterday to repair it. She is now in a cast and unable to work for 2 months. She is devastated by the injury and is concerned that she may never play guitar or bass again and even if she does, that the injury will prevent her from having complete movement/control, which is critical as she is right handed and needs her left hand to fret. As much as I feel badly for her since music is so important to her, I'm also concerned about her ability to perform her job since much of what she does in the ICU is physical.

I do not know if she has photos of the skates (wheel off, etc) or if there were any witnesses, etc. She is barely recovering from the ordeal, is in pain and is mortified that this happened. I don't want to ask her a million questions and stress her even further.

Does anyone reading this think that the skate shop is in any way responsible for this accident? Is it her responsibility to make sure that the wheels were properly installed/tightened? I know nothing about skates, but I do know that after my bike leaves the repair shop the last thing I would expect is for my tire to fall off.

Thanks in advance,
Bonnie

 

[ecmst12]

I think, with injuries that severe, it's worth her getting a consult with a personal injury lawyer.

 

[Adam G]

Agreed with ecmst. This is worth pursuing.

 

[bornitz]

Thank you!

Thank you both for your input. I will recommend that she consult with a personal injury attorney.

 

[tranquility]

They said it was worth pursuing, they did not say it was a sure thing. There are problems, it's just that the damages are so great to be worth it to find out if there is liability. To make sure you get good advice, only look for contingent representation. If an attorney won't represent friend for a cut of the settlement, there is no case. Interview a few attorneys to be sure.

 

[bornitz]

Thanks again!

Thanks tranquility. I understand that it would certainly not be a sure thing, only a possibility of success. The lawyer in CA I'm thinking of does contingent work and I will recommend that she interview others as well. I just got off of the phone with her sister and there was a witness to the whole thing. Additionally, even the surgeon and other people she knows from the hospital (this is only their opinion) feel that the skate shop was responsible to safely and correctly install the wheels that she purchased from them. It was a whole package (wheels and installation). Her entire family is very worried about her health as well as her career, since her job is so physical. It will be complicated (as with everything in life), but I believe that she at least needs to speak with several attorneys. Thank you again for sharing your knowledge and wisdom with me. Have a great day. Bonnie