Ice Rink Injury Liability in 2026: What to Do When Your Child Is Hit by a Figure Skater

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Understanding Ice Rink Liability in 2026

Accidents happen at ice skating rinks, and unfortunately, when a child gets injured by another skater, parents face difficult questions about liability and compensation. In 2026, the legal landscape surrounding ice rink injuries remains complex and varies significantly by location and jurisdiction. If your daughter was hit in the face by a figure skater's blade at a New York City rink, understanding your legal options is crucial.

Ice skating rinks operate under specific liability rules that differ from typical premises liability cases. Most public skating rinks require patrons to sign liability waivers, which attempt to shield the facility from negligence claims. However, these waivers have limitations, especially when children are involved and the injury results from another skater's reckless behavior.

What Constitutes Negligence at an Ice Rink

The key question in your case is whether the figure skater's actions constituted negligence or recklessness. Negligence requires four elements: duty of care, breach of that duty, causation, and damages. Every skater at a public rink has a duty to exercise reasonable care to avoid injuring others.

In your situation, several factors are important:

• The figure skater was practicing in a designated area during public skate time
• The rink was described as very tiny, limiting space for advanced maneuvers
• The skater initiated a spin with her leg extended without checking surroundings
• Your daughter was already in the area when the spin began
• You witnessed the entire incident

A figure skater performing advanced spins like leg extensions has a heightened duty of care, especially in crowded conditions. If the skater didn't verify that the area was clear before beginning an advanced maneuver that could be dangerous, this could constitute negligence or even recklessness, depending on the circumstances.

Liability Waivers and Their Enforceability in New York in 2026

Most ice skating facilities provide liability waivers that patrons must sign before skating. In New York State, courts have become increasingly skeptical of waivers that attempt to shield facilities from negligence liability. New York law generally disfavors blanket liability waivers, particularly when they attempt to eliminate liability for gross negligence or recklessness.

Key points about waivers in New York in 2026:

• Waivers that protect against ordinary negligence may be enforceable against adults
• Waivers may be unenforceable for injuries to children, as parents cannot waive a child's right to sue
• Waivers that attempt to protect against gross negligence or recklessness are typically not enforceable
• The specific language of the waiver matters significantly

In your case, since your daughter is only five years old, any waiver you signed likely cannot eliminate her right to recover for injuries caused by another skater's negligence. Additionally, if the figure skater's actions constitute recklessness or gross negligence, the waiver would provide little protection to either the facility or the skater.

Who Can Be Held Liable for Your Daughter's Injury

There are potentially two defendants in ice rink injury cases: the individual skater and the facility itself. Understanding the distinction is important for your legal strategy.

Liability of the Individual Skater

The figure skater who caused the injury can be held personally liable for negligence. You would need to prove that she failed to exercise reasonable care before performing an advanced maneuver. The fact that you witnessed the incident and can testify that she began spinning without checking her surroundings strengthens your case significantly.

Liability of the Ice Rink Facility

The rink itself may be liable under premises liability theory or for negligent supervision. Potential arguments against the facility include:

• Failure to maintain adequate separation between advanced skaters and beginners
• Failure to supervise or establish rules preventing dangerous maneuvers during public skate
• Inadequate safety measures or warnings about the risks of advanced skating during busy times
• Creating zones for different skill levels that aren't enforced

The fact that you described the rink as very tiny is particularly important. Cramped facilities with inadequate space make it foreseeable that advanced maneuvers could injure other skaters, especially children. This strengthens your argument for facility negligence.

Documentation and Evidence Gathering in 2026

If you're considering legal action, proper documentation is essential. Here's what you should gather immediately:

• Medical records documenting your daughter's injury, treatment, and any follow-up care
• Photographs of visible injuries taken immediately after the incident
• Names and contact information of any witnesses who saw the collision
• The facility's incident report (if one was filed)
• The signed waiver or any documents you received from the rink
• Video footage from the rink if available (many facilities in 2026 have surveillance cameras)
• Communication records with the rink regarding the incident
• Receipts for medical expenses and other damages

Your eyewitness account as the parent is valuable. Write down everything you remember about the incident while details are fresh, including exact times, the skater's apparent skill level, and how crowded the rink was at that moment.

Steps to Take Now

If you haven't already, follow these steps:

1. Obtain medical evaluation: Ensure your daughter has been evaluated by a healthcare provider and get comprehensive medical records
2. Report to the facility: File a formal incident report with the rink if you haven't already, and request copies of their incident documentation
3. Preserve evidence: Request any video footage and photographs from the rink. Send this request in writing
4. Consult an attorney: Contact a personal injury attorney in New York who handles premises liability cases. Many offer free consultations
5. Don't communicate directly with the skater: All communication should go through your attorney
6. Keep records: Maintain detailed documentation of medical visits, expenses, and your daughter's recovery

In New York, the statute of limitations for injury claims is generally three years from the date of injury. However, for a minor, the clock typically doesn't start until they reach age 18, giving you more time.

Key Takeaways

• Ice rink liability waivers may not protect against negligence, especially for injuries to children
• A figure skater performing advanced maneuvers has a duty to ensure the area is clear and to exercise reasonable care
• Both the individual skater and the facility can potentially be held liable
• Your eyewitness account is valuable evidence in proving what happened
• Document everything related to the incident and your daughter's injuries
• Consult with a personal injury attorney who understands New York premises liability law
• You likely have up to three years to file a claim, but don't delay gathering evidence

Frequently Asked Questions

Will the liability waiver I signed prevent my daughter from recovering damages?

Probably not. New York courts generally don't enforce waivers that attempt to eliminate liability for negligence to children. Additionally, since your daughter didn't sign the waiver, she may not be bound by it. If the skater's actions constitute gross negligence or recklessness, the waiver provides even less protection.

What damages can I recover for my daughter's injury?

Potential damages include past and future medical expenses, pain and suffering, scarring or disfigurement (if applicable), lost wages if you missed work for her care, and in cases of gross negligence, possibly punitive damages. Your attorney can help determine what damages apply to your specific situation.

Should I contact the figure skater directly to discuss the incident?

No. Once you're considering legal action, all communication should go through your attorney. Direct communication could be misconstrued or used against you later. Your attorney will handle appropriate communication channels.