Berger and Green recently represented a client who was injured partaking in activities at an indoor obstacle course. The Defendant who maintained this course, did not have the client sign a waiver, gave no instructions, poorly directed the activities and furthermore, did not have any first aid available to participants who might become injured.
Our client suffered a fractured ankle, requiring surgery, and developed several other related injuries, including a hernia.
The Defendant sought to argue that our client voluntarily engaged in the activity and “assume the risk” of the activity. We argued that the lack of direction, supervision and forewarning of the risks involved, all attributed to the owner’s negligence and ultimately our client’s injuries.
Berger and Green was able to negotiate a multiple six figure settlement for our client. This will help her with her present and future needs. This case victory not only provides financial compensation to an innocent victim, but we anticipate that this establishment will enhance their safety protocols to ensure the safety of future guests.
