Assumption of Risk Does Not Apply in Roller Skating Fall

Posted on: March 24th, 2015       Attorney Thomas Newell

On March 10, 2015, the Pennsylvania Superior Court overruled the Trial Court and reinstated a PA personal injury claim. A woman had gone on a church excursion to a local roller skating rink. She had never roller skated before and asked for an assistant to teach her and guide her through the day.

The assistant left her side. She then fell and was injured. After her fall down legal case was filed, the defendants filed a Motion for Summary Judgment based on assumption of the risk. The trial judge granted the motion and dismissed the personal injury lawsuit. The Appeals Court reinstated the case and permitted the injury victim to pursue her claims under the Restatement (Second) of Torts.  Li v. Beulah Presbyterian Church, PICS Case No. 15-0398 (Pa. Super 3/10/2015)