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In DiPietro v. Farmington Sports Arena, LLC, a mother sued to recover damages for injuries sustained by her child when she fell after her foot stuck to the carpeted playing surface during an indoor soccer game at the defendant’s facility. The mother claims the injuries were the result of the facility’s negligent installation and maintenance of the rug. In law, negligence is the failure to use reasonable care, resulting in damage or injury to another. In order to succeed in this claim, the mother must prove that (1) the preschool owed a duty of care to the mother and child, (2) the preschool breached that duty and, (3) the breach of duty was a direct cause of the mother and child’s (4) real and compensable injury.
On March 9, 2002, the child was injured while playing soccer at the Farmington Sports Arena. She suffered a severe ankle injury that resulted in difficulty walking and severe pain and suffering. The facility argued that the allegedly dangerous playing surface was a commercial grade carpet was one of two options for an indoor soccer field. The facility chose carpet because he found the other option, synthetic Astroturf, caused rug burn injuries.
The court found that the facility was entitled to summary judgment. They reasoned that previous judgments in favor of the mother were to be reversed, because there was insufficient evidence to show that the facility knew, or should have known, of the defective carpet. The facility’s choice of the carpet was not negligent, and did not impose any knowledge of inherent dangerousness.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: DiPietro v. Farmington Sports Arena, LLC, 306 Con. 107, 2012 Conn. LEXIS 323 (Conn. April 19, 2012)
