Rock climbing is becoming an increasingly popular activity, especially among children and teens. As a result, a number of recreational centers have opened up, allowing people to practice the art of rock climbing indoors. Can parents sue the operators of these facilities whenever an accident occurs? The answer will depend on whether or not negligence is suspected.
Maintain Safe Facilities
Owners of rock climbing walls must provide safe facilities for their patrons to use. This includes, but is not limited to:
- Ensuring that safety equipment is properly worn and maintained
- Keeping the wall in good repair
- Ensuring staff members who provide instruction are properly trained
- Giving proper safety warnings
- Limiting access for very young children
- Providing adequate supervision for patrons
Accidents can also happen whenever there are too many climbers on the wall at any given time. Operators may be tempted to exceed safe limits whenever they place profit as a higher priority than safety.
Types of Rock Climbing Injuries
- Head or brain injuries
- Broken bones
- Dislocated shoulders, knees or elbows
Release of Liability
Most rock climbing facilities will require parents to sign a release of liability form before allowing a child to climb. Many people believe this bars them from obtaining relief in the event there is an injury. Some releases are worded in such a way that parents must agree to give up all rights to sue, even when the facility itself is negligent. Parents should know that requiring patrons to sign a release does not eliminate the responsibility to maintain safe conditions, regardless of what rights they have allegedly given up.
The problem with having parents sign a release form is that it gives a rock climbing facility a false sense of security, so they may fail to take safety as seriously as they should. This carelessness often results in the injury of a child, and a sudden jolt to reality whenever the owner is deemed negligent in a court of law. A personal injury attorney can play an important role in ensuring that justice prevails in one of these cases.
Getting Legal Guidance
Rock climbing injuries need to be pursued in a court of law, however, this is easier said than done. The best way to take on a rock climbing business is to hire a personal injury attorney. Schedule your free case evaluation today by calling 713-222-1222.
*Image courtesy of freedigitalphotos.net