Skating by Summary Judgment
In a recent matter, Rissman attorney Josef B. Hess obtained summary judgment for the defense in a case involving a fall at a skating rink.
The plaintiff fell as he stepped down onto a roller-skating rink. He alleged the step separating the building floor from the skating rink floor was a dangerous condition.
The plaintiff testified that the lighting conditions were not an issue, that nothing was preventing him from looking down to see if there was a step prior to entering the skating rink, and that he mistakenly assumed the step was a ramp.
The plaintiff’s counsel argued that the separation from the building floor and skating rink floor was similar to an infinity pool illusion. No evidence was presented to show that the step was in disrepair or that it failed to comply with the applicable Florida building codes.
The court ultimately found plaintiff’s argument to be without merit and held that the step in and of itself is not a dangerous condition, and that there was no evidence to show the step was dangerous or in disrepair. As such, the court granted summary judgment to the defense.
