PITTSBURGH – The parents of a six-year-old child who allegedly suffered a broken leg during a beginner ice skating class have sued the ice rink where the incident took place, claiming the defendant failed to have proper safety measures in place.
A.S. (a minor, by his parents and guardians, David Spear and Jill Spear) of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Sept. 23 versus Alpha Ice Properties, LLC, also of Pittsburgh.
“On Nov. 3, 2019, the minor plaintiff attended his first and only ‘Learn to Skate’ class at defendant’s ice rink. The class was a beginner class for small children and this occasion was the minor’s first time on ice skates. During the class, the minor plaintiff was grouped with 7-8 other children, paired with 1-2 adult instructors such that it was impossible for the instructors to assist each child in the group,” the suit says.
“[The children were] provided no bucket or other device to assist with balance while on the ice, provided no pads of safety equipment nor safety instructions to his mother, other than a suggestions to bring a helmet, as some parents do, made in response to a question by his mother during a phone call initiated by his mother. [The children were] taken out onto the ice away from the boards, where there was nothing to hold onto for support.”
As a result, children in the minor A.S.’s group fell on the ice and some did so multiple times. On one occasion, the minor plaintiffs fell and a result, the minor sustained a right tibia fracture.
A.S. required medical attention, including but not limited to, a full and then partial leg cast followed by a boot, a prolonged period of no weight bearing and wheelchair use, time missed from school, inability to participate in physical activity such as recess and gym class, and months of physical therapy.
The plaintiffs argue that the defendants failed to provide adequate safety equipment to A.S., such as pads and appropriate balance devices, such as a bucket or other balance device, failed to properly instruct on the need for such safety equipment and failed to have an adequate number of adult instructors for the class.
For a count of negligence, the plaintiffs are seeking damages in excess of the jurisdictional limits for arbitration.
The plaintiffs are represented by C.J. Engel of Swensen & Perer, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-010120
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com