Smollett v. Skayting Dev. Corp.
United States Court of Appeals for the Third Circuit
793 F.2d 547 (1986)
Experienced skater Smollett (plaintiff) skated for 90 minutes at Skayting's (defendant) rink, which had no guardrails (explained by the owner as a safety choice) and posted "skate at your own risk" signs, alongside many young or inexperienced skaters; when a child fell in front of her, she swerved off the elevated rink onto the surrounding carpet and broke her wrist. A jury found for Smollett but assigned her 50% fault, reducing her award under comparative negligence, and the trial court denied Skayting's motion for judgment notwithstanding the verdict.
Whether a plaintiff assumes the risk of injury, waiving the defendant's duty of care, by voluntarily participating in an area of risk after becoming aware of that risk.