In the case of Huston v. Brookpark Skateland Social Club, Inc., 8th Dist. Cuyahoga No. CV-18-892426, 2020-Ohio-488, an Ohio appellate court held that a plaintiff’s assumption of risk may not be a defense if a defendant engages in willful or wanton conduct in a reckless manner toward plaintiff.
In this case, a woman roller skating at roller rink suffered serious injuries when she was hit by another skater. The woman sued to recover for her injuries arguing that the roller rink failed to stop a skater skating at dangerous speeds. The roller rink raised the defense that the woman assumed the risk of injury under R.C. 4171.09 by skating.
The Ohio appellate court held that assumption of risk would not serve as a defense when the defendant’s conduct was willful or wanton in reckless disregard of a plaintiff’s safety. The Ohio appellate court reasoned that the skate rink observing a skater multiple times at dangerous speeds but taking no action could constitute conduct that was willful or wanton in reckless disregard of the woman’s safety.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.