Sportsplex liability waiver

[ctrice]

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

I play in-line roller hockey at a local Sportsplex. The hockey rink floor is made of a material that is as slick as grease or ice for urethane hockey wheels when it is wet. Though the building is only a few years old the roof has has several leaks. The owner refuses to repair the roof opting to say that we all signed liability waivers and we skate at our own risk. the waiver contains language that states the following:

"I,_____________________________________________, being of lawful age, in consideration of being permitted to participate in all
league, activities and events at the Sportsplex, scheduled for, and run and/or operated by the Sportsplex, WAIVE, RELEASE, and
DISCHARGE the Sportsplex, it officers and members, and all business associates and partners involved in the presentation of the
above noted activity and each of their officers and employees, from all liability for or by reason of any damage, loss or injury to
person and property, even injury resulting in the death of the Releasor, which has been or may be sustained in consequence of
participation in the activity described above, and notwithstanding that such damage, loss or injury may have been caused solely or
partly by the negligence of the Releasee"

By signing the release, which states that if me or my friends are injured even due to the proprietors negligence we have no recourse, do we in fact have no recourse? People have been hurt and it is only a matter of time before someone is seriously injured by this situation. I might add the owner has told the local youth leagues the same thing even while charging them top dollar for the use of the rink.

I just want the leaks fixed but this gentlemen needs some persuasion.

thanks

CT
Winchester, VA

[FlyingRon]

Gross negligence can't be waived away.

However, since you know that a wet floor is dangerous and you can see it, you're going to have a hard time arguing his negligence is responsible for your injury. Lack of providing a suitable surface may be grounds to recover prepaid funds so you can play elsewhere, but you can't force people to do things just because you would like them to happen.

[ctrice]

Thanks, but for what it's worth you can't see it. At least not without really trying hard to find it. The floor and lighting is such that water(and I am only talking about less than 1/4 cup) is virtually invisible. At times, like now, the roof has ice or snow on it so even if it is not raining the potential for leaking is there.

[ecmst12]

The wisest course of action would be to find somewhere else to play. If someone were to be injured due to a hazardous condition that the owner knew about and did nothing to mitigate, the lawsuit might be successful, but expect the owner to fight it every step of the way. Times are tough, fight with your wallet - take your business to a better-maintained rink.

[You Are Guilty]

Originally Posted by ecmst12

The wisest course of action would be to find somewhere else to play. If someone were to be injured due to a hazardous condition that the owner knew about and did nothing to mitigate, the lawsuit might be successful, but expect the owner to fight it every step of the way. Times are tough, fight with your wallet - take your business to a better-maintained rink.

Plus any recovery is going to be reduced by the fact that the plaintiff knew of the problem but continued to use the rink anyway. A good old fashioned "assumption of risk" argument!

[ctrice]

Well, that's that. We are in a fairly rural area, no other facilitys are near so I guess we will have to take our chances. It is still a bum deal when the coalminers only option is to buy from the overpriced (unsafe) company store.

[Zigner]

Originally Posted by ctrice

Well, that's that. We are in a fairly rural area, no other facilitys are near so I guess we will have to take our chances. It is still a bum deal when the coalminers only option is to buy from the overpriced (unsafe) company store.

You don't have to take any chances.