Case details

Defense: Fallen rock climber had assumed risk of injury

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
ankle, fracture, trimalleolar fracture
FACTS
On Aug. 20, 2018, plaintiff Yasaman Faal, 22, a telemarketer, visited an indoor rock-climbing facility located at 19801 Nordhoff Place, in Chatsworth. She fell while ascending a wall on which climbing equipment was not used. She plummeted a distance of about 10 feet, landed on a floor and suffered a fracture of an ankle. Faal sued the facility’s operator, Boulderdash Indoor Rock Climbing. The lawsuit alleged that the facility negligently created a dangerous condition that caused Faal’s fall. The lawsuit also alleged gross negligence. Plaintiff’s counsel contended that the climbing area’s padded floor, also known as the fall-attenuation system, was far below the industry standard, in that the flooring required continuous, much deeper padding. Plaintiff’s counsel argued that Boulderdash had not upgraded the flooring to a deeper padded system after prior similar incidents and severe . Evidence suggested that some 70 percent of climbing gyms had switched to a deeper padded system by the time of Faal’s accident. Plaintiff’s counsel also claimed that Boulderdash destroyed or withheld past incident reports that would have revealed a much more significant history of falls and . Three former Boulderdash employees testified that they had previously discussed, among themselves, safer padding systems that were available. However, the witnesses acknowledged that those discussions were not shared with management. The defense contended that the facility’s padded flooring and movable crash pads met the standard of care. The defense introduced evidence that, during the five years that preceded Faal’s accident, the facility had documented fewer than 10 accidents stemming from a total of more than 1.4 million climbs. The defense’s biomechanics and rock-climbing experts agreed that Boulderdash’s floor-attenuation system, which consisted of five inches of foam-padded carpeting and movable crash pads, met industry standards. The experts also opined that, regardless of the amount of padding, Faal would likely have suffered the same injury, given the height and angle of her fall. The defense also argued that an ankle fracture is an inherent risk of rock climbing and that Faal voluntarily assumed that risk. The jury was presented portions of an injury waiver Faal had signed prior to entering the facility. The document referenced the risk of falls and fractures., Faal suffered an open, comminuted fracture of her left ankle. The fracture was deemed trimalleolar: involving the distal edge of a leg’s tibia and each of the corresponding ankle’s malleoli, which are the bony protuberances. Faal was retrieved by an ambulance, and she was transported to a hospital, where she immediately underwent closed reduction of her fracture and the application of an external fixation device. After some two weeks had passed, she underwent open reduction and internal fixation of her fracture. She claimed that she required a wheelchair during the three months that followed the accident. Faal’s left ankle has developed residual arthritis. During the next five years, she must undergo surgical removal of her left ankle’s fixation hardware and subsequent fusion of the ankle. Faal claimed that fusion will cause significant impairment of her mobility. She sought recovery of $1.9 million, which included $39,384.43 for past medical expenses, $35,000 for future medical expenses, $2,960 for past loss of earnings, and unspecified damages for past and future pain and suffering. Defense counsel suggested that Faal was entitled to total damages in the amount of $177,344.43.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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