PITTSBURGH – An indoor mountain and BMX bike park in Pittsburgh denied liability for two broken ankles and other injuries allegedly suffered by a local man, when he visited the park almost two years ago.
Christopher Lang first filed suit in the Allegheny County Court of Common Pleas on Sept. 1 versus The Wheel Mill, L.P., of Pittsburgh.
According to the suit, nearly two years ago, Lang visited The Wheel Mill, an indoor mountain bike and BMX bike park full of ramps and trails for riders of all skill levels.
“On Nov. 27, 2021, Lang visited The Wheel Mill with his nephews. The Wheel Mill is comprised of several rooms or areas featuring ramps and trails geared toward different types of riders of various skill levels,” the suit said.
“One of the rooms is the ‘Foam and Resi Room,’ which includes a foam pit located at the end of a ramp where, according to The Wheel Mill’s website, riders can attempt tricks off the ramp and land in the foam to ‘learn how to shake some of that fear on new tricks or just get the feeling of jumping…’ Lang had visited The Wheel Mill on several prior occasions and had used the foam pit numerous times without incident on those prior visits.”
The suit added that in the days leading up to Lang’s visit on Nov. 27, 2021, upon information and belief, the blocks of foam in the foam pit had been replaced with new blocks of foam.
“During this visit on Nov. 27, 2021, Lang rode his bike off the ramp adjoining the foam pit and landed in the pit, as he had done numerous times during prior visits. On this occasion, there was inadequate foam and safety measures. Lang fell to the bottom of the foam pit, and his feet struck the unpadded ground, causing substantial injuries and fractures to his lower extremities,” the suit stated.
“As a result of the impact, Lang suffered the following injuries: Broken right ankle, broken left ankle, leg pain, knee pain and back pain. As the result of the aforesaid impact and resultant injuries, Lang has suffered the following damages: He has incurred in the past, and may incur in the future, medical expenses; he has incurred in the past, and may incur in the future, substantial pain, suffering, inconvenience, and the loss of the ordinary pleasures of life; he has permanent scarring and disfigurement; and he has sustained in the past, and may sustain in the future, other emotional, economic and physical harm.”
UPDATE
Counsel for The Wheel Mill filed an answer along with new matter in the case on Sept. 18, which denied responsibility for Lang’s injuries.
“Plaintiff’s complaint fails to state a claim upon which relief may be granted. Plaintiff’s claims may be barred by the applicable statute of limitations. To the extent proven applicable in the course of discovery, defendant asserts that plaintiff’s own careless, reckless and negligent conduct caused or contributed to his claimed injuries. To the extent applicable through the course of discovery, defendant asserts the Pennsylvania Comparative Negligence Act as an affirmative defense,” per the new matter.
“Plaintiff’s claims may be barred or reduced by the Assumption of Known Risks Doctrine. Plaintiff’s damages, if any, may have been caused by acts of omissions of third-parties not within the control of this defendant. Plaintiff’s damages, if any, may have been caused by intervening and superseding causes not within the control of this defendant. On Aug. 2, 2021, plaintiff executed a Waiver of Liability, Assumption of Risk, Authorization for Medical Treatment and Use of Likeness for Adult Participants (18 & Over).”
According to the Waiver of Liability, those visiting the park agreed that they “neither can nor will sue The Wheel Mill, LP or any of its employees, contractors or affiliates for damages, injuries or losses sustained during your use of the park” and “assume full responsibility for any damages, injuries or losses incurred during your time at the park.”
“Plaintiff’s claims are barred by the plain and unambiguous terms of the Waiver. Pursuant to the Waiver, plaintiff has expressly agreed not to sue defendant for any injuries arising from use of the mountain bike and BMX facility. Pursuant to the Waiver, plaintiff’s claims are barred by the assumption of a known risk doctrine. Plaintiff’s claims may be barred or reduced by his failure to mitigate his damages. Plaintiff’s claims may be barred by the Doctrines of Waiver, Release and Estoppel. Defendant reserves the right to assert any additional affirmative defense identified in Pennsylvania Rule of Civil Procedure 1030 which may prove applicable in the course of discovery,” the new matter added.
For a lone count of negligence, the plaintiff is seeking damages in excess of the mandatory arbitration limits, exclusive of costs and interest.
The plaintiff is represented by Laura D. Phillips and Joseph R. Froetschel of Phillips Froetschel, in Pittsburgh.
The defendant is represented by Brian S. Kane of Burns White, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-010346
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com