Ice skating is an activity the whole family can enjoy, especially during the holiday season. As fun as it is, falling comes with the territory, and all skaters assume some risk when they step out onto the ice. But this does not mean that rink owners and their employees have no legal responsibility to keep skaters safe. If someone is seriously hurt slipping and falling at an ice rink, they could be owed compensation for their injuries.

What is the slip-and-fall law in Missouri when it comes to places like ice rinks, where there are inherent risks? The answer begins with another question: “What are premises liability principles and how do they apply?” 

Premises liability laws state that business owners owe a duty of care to people on their property. A failure to provide a secure environment is considered negligence, and just as in any personal injury case, an ice rink may be held liable for injuries in certain situations.

To receive damages for personal injuries, victims must be able to prove that
the ice rink did not do one or more of these things.

Not All Slip and Falls are Created Equal

Even experienced skaters and skilled hockey players can wipe out on the ice and hurt themselves. There is also a chance at ice rinks of being bumped into and knocked down by another skater, or running into walls or barriers at a high rate of speed. The combination of slippery ice and hard surfaces can result in cuts, bruises, sprains, broken bones, and even head injuries.

People willingly assume some risks at an ice rink, just as they know there are dangers at a pool, roller rink, or skateboard park. Getting hurt during normal activities at any of these places is not necessarily anyone’s fault. But an owner’s or operator’s actions or inactions can sometimes contribute to the situation. 

What is the Premises Liability Law in Missouri?

Under premises liability laws, business owners can be held liable if they fail to keep the property safe. If it can be proven that factors beyond the assumed risk caused a victim’s injuries, there may be a valid slip-and-fall claim. Common examples of premises liability cases are a landlord’s responsibility for a tenant tripping on a torn carpet or slipping on an apartment building’s icy steps. Or injuries from slipping and falling on a spill at a retail store. 

Taking into account the inherent risks of the premises, owners must keep things as safe as possible, or risk being found responsible for causing someone’s injuries. 

The facts of the case must show a failure to do the following: 

• Maintain a reasonable duty of care. This means they should recognize reasonably foreseen dangers and do what is necessary to prevent someone from hurting themselves.
• Address and remedy any safety issues that are brought to their attention. 
• Enforce rules that avoid dangerous situations.

Ice rink operators may run into trouble if they don’t remove dangers around the ice, ignore complaints about hazards, or allow patrons to do things that may harm themselves or others. Any of these breach their duty of care which is at the core of premises liability.

Ice Rinks and the Duty of Care

Ice rinks breach the duty of care when they allow conditions or circumstances beyond the normal assumed risks. Following are some things that can contribute to liability for injuries at both indoor and outdoor ice rinks:

• Cracks or uneven ice on the rink
• Slush, puddles, or refrozen lumps of ice on the rink or at its entry points
• Ramps that are too steep or that do not offer a smooth transition onto or off of the ice
• Insufficient matting at the entry points, or mats not suitable for outdoor use
• A lack of handrails, especially at entry points
• Wet floors throughout the premises
• Allowing too many skaters on the ice at once
• Failure to supervise inappropriate behavior such as roughhousing, racing, or intentionally bumping into other skaters

Allowing any of the above can make an ice rink’s employees, managers, and owners responsible when someone is hurt, and liable in a personal injury claim. In addition, a patron who purposely pushes or trips another skater could face a claim of intentional tort, which is when an intentional act causes harm.

Proving Premises Liability at an Ice Rink

Ice rink owners can avoid expensive insurance claims and lawsuits by maintaining the property so that injuries are less likely to occur. This includes:

• Training staff to notice issues and perform maintenance
• Using Zamboni equipment to periodically resurface rough ice on the rink
• Removing ice, snow, and slush from entryway matting
• Placing signage or cones to warn skaters of hazards
• Posting and enforcing safety rules
• Adhering to emergency protocols if someone does get hurt (administering first aid, calling 911, making an incident report, etc.)

To receive damages for personal injuries, victims must be able to prove that the ice rink did not do one or more of these things.

The case of Samuelson v Wollman Rink Operations, LLC (WRO) is a good example of a company’s attempt to avoid premises liability. In New York City, Ms. Samuelson lost her balance on lumpy ice buildup while exiting the rink after a lesson. She fell and sustained a traumatic brain injury.  WRO’s claims included that there was an inherent assumption of risk when ice skating, and that the company was unaware of a problem with the ice or mats near the entry ramp.

The court ruled that the case could proceed because the risk went beyond that which is expected when skating (since it was on the entry ramp). There was also a lack of handrails in the area. Numerous other skaters also testified that they had alerted staff to the dangerous condition prior to Samuelson’s fall.

Eventually, a jury found in favor of Samuelson. WRO, however, is still appealing the decision ten years after the incident occurred. This case highlights the need to find a skilled attorney who can gather the necessary evidence to prove premises liability.

To avoid premises liability claims, a business owner’s insurance company or lawyer may also try to deflect all or part of the blame onto the victim. For example, they may claim the victim ignored warnings, was somewhere they shouldn’t have been, or acted in a way that contributed to their injuries.

Missouri is a pure comparative negligence state, meaning a personal injury settlement can be reduced if the victim is partially at fault. Since falling is common on an ice rink, proving the owner is liable can take a skilled personal injury attorney.

What is the Statute of Limitations on Premise Liability in Missouri?

In Missouri, victims have five years to file a claim or a lawsuit for personal injuries. If you are hurt at an ice rink, get medical help right away and contact an attorney as soon as possible to see if you have a valid claim.

A personal injury will get to work proving liability by gathering evidence at the ice rink:

• The rink’s incident report (if there is one)
• Surveillance video (if it exists)
• Documentation of maintenance and repairs to the rink’s refrigeration equipment
• Notification of complaints
• Photos of the hazard at the time of the incident
• Your medical records and photos of your injuries

If the staff or owner of the ice rink fails to keep the property safe and you get hurt, you deserve compensation for your medical bills, follow-up care, and pain and suffering.

Contact Hipskind & McAninch to discuss your case.

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