Interskate of Clayton

Fractured wrist due to faulty and damaged skates I am [redacted] writing to seek your assistance and express dissatisfaction and disappointment with the quality, product, and service level of Interskate skating rink. I have been skating since I was 7 years old and I would roller blade near the [redacted] all the time before I moved to NC. I never had an accident while partaking in this sport. Back on 9/5/2014, I went to the Interskate (5300 Fayetteville Rd, Raleigh, NC 27603), (919) 977-0458) with my best friend and her two children. After paying at the first counter, I walked over to the 2nd counter to obtain my size 6 rental roller blades. The young girl who looked at least 15 gave me a pair of worn out roller blades that were in horrible condition. These skates looked like they were in a war. That is how bad they looked and they really needed to be replaced. I asked the young lady at least 4 different times to please give me a different pair because each one she gave me was in bad condition. Even my best friend and her children agreed that the skates did not look up to par and we in bad condition. I came to terms that this was all Interskate had to offer. I observed around where the other skates were and every pair I saw looked worn out and in bad condition. I also asked the young girl to please notify the owner that all of these skates needed to be replaced because they were all in bad condition. I was skating with my best friend I proceeded to go around the skating rink and As I was approaching her, I attempted to brake with the skates and nothing happened. I attempted to break again and it felt like the brakes were not even there. Shortly after, I had fallen to the floor. One of the staff members quickly came over and filled out an accident report for company records. I was then rushed to the ER for further evaluation. I received X-rays and it turned out that my wrist is now fractured and a small part of my bone is slightly broken. I also went to see an orthopedic specialist who placed me in a cast for 4-6 weeks. Being that this was negligence on the skating rinks end since 1) the skates were in horrible condition and even after having to replace them 4 times this still took place and 2) Not being able to brake with the skates since the brakes were faulty and not working either. I called my insurance company and told them what took place and they agreed that this case needed to be subrogated. According to Article 2 under Chapter 99E under Special Liability Provisions for the NC State laws, it states that "§ 99E-11. Duties of an operator are... The operator, to the extent practicable, shall... (3) Comply with all roller skating rink safety standards published by the Roller Skating Rink Operators Association, including, but not limited to, the proper maintenance of roller skating equipment and roller skating surfaces; (12) Check rental skates on a regular basis to ensure the skates are in good mechanical condition.; (14)Comply with all applicable State and local safety codes and (15) Not engage willfully or negligently in any conduct that may proximately cause injury, damage, or death to a roller skater or spectator. (1997-376, s. Therefore, the duty of the owner of this rink is to ensure that all equipment is up to par, in GOOD condition (not in bad condition) and operable along with meeting the safety codes and guidelines that have been placed by the state of North Carolina. Thank you for your time, and assistance with my concern. Desired SettlementSubrogation with my insurance to cover my medical expenses due to this matter. I called the skating rink on Friday 9/12/2014 to obtain the insurance information. A manager named [redacted] informed me that she would have the owner call me on 9/15/14. She claimed that the owners name is [redacted] but I am not sure if this is true. On 9/15/14, I did not receive a call from the owner like I was assured. I decided to go in person on 9/16/2014 to the skating location and one of the workers called the manager on duty named [redacted] to assist me. After I explained what I needed (the companies insurance information), [redacted] became unpleasant, & uncooperative with me. She also blamed me for the faulty skates and said that I was skating "at will." I informed her that I did NOT sign a waiver. Please keep in mind of (Article 2 under Chapter 99E under Special Liability Provisions for the NC State laws, it states that "§ 99E-11. Duties of an operator are... (3), (12), (14)& (15)- (1997-376, s.)Also, when I asked her ([redacted]) to call the owner on my behalf so that I can speak with him and to please to provide me with his contact number or e-mail address, she said "no", and was uncooperative with my request. She also said that he "handles business during business hours". I feel like I have hit a brick wall since this company is uncooperative and unwilling to work with me. Please know that there was also another staff member there present when this all took place.Business Response On Friday, September 5th we had a anniversary celebration at Interskate and had 200 plus skaters in the building and no one but this lady complained about our skates. They are rental skates and have been worn my numerous skaters. We have a full time maintenance worker who maintains our skates. If the skates were in that horrible condition as she stated why did she not just ask for a refund and not skates but instead as she stated she choose to put the skates on and skate accepting responsibility. The toe stop on her skates are the toe stops made for this skate and there was no defect at all in the toe stop or the skates to make her fall. She even states "shortly after, I had fallen on the floor. The skates are the toe stop had no defects as they were checked by the manager on duty after the incident. As she stated again in paragraph 4 section "1) the skates were in horrible condition and even after having to replace them 4 time" she still decided to skate and therefore with her taking the skates and skating, no defects in the skates or toe stop, no defect on the skate floor and no one knocked her down Interskate has no liability for her fall or injury.She left messages on our answering machine stating that she had contacted her attorney and with that being said we no longer desire to have contact with her and will let the attorneys and insurance companies handle this situation because our company policy is that once you have contacted an attorney it is out of our hands and is handled through legal channels.Consumer Response Thank you for the response. First off, I would like to clarify that the issue that I had was with inline skates also known as roller blades and NOT the traditional roller skates. As you should already know, the inline skates have a break in the back of the roller blades and NOT in the front as you indicated naming it a "toe stop." A toe stop is found in a traditional roller skate and NOT on a roller blade. The inline roller blades have a brake pad in the rear part of the roller blade. Since you indicated in your statement that "The skates and the toe stop had no defects as they were checked by the manager on duty after the incident," this is false information since I was wearing inline roller blades and NOT the traditional skates. If the manager on duty stated that she checked a toe stop and not a brake pad then she did not check the right skates because I wore inline roller blades NOT the traditional roller skates. In addition, you admitted yourself that these skates "are rental skates and have been worn my numerous skaters." Therefore, when I put on the skates I did this in good faith and trusting that you as the owner of this skating rink and the maintenance worker were both adhering to the North Carolina, Article 2 bylaws, and guidelines for Roller Skating Rink Safety and Liability. According to Article 2, the duty of an operator is to (3) Comply with all roller skating rink safety standards published by the Roller Skating Rink Operators Association, including, but not limited to, the proper maintenance of roller skating equipment and roller skating surfaces. In addition to, (12) Check rental skates on a regular basis to ensure the skates are in good mechanical condition, (14) Comply with all applicable State and local safety codes, (15) Not engage willfully or negligently in any conduct that may proximately cause injury, damage, or death to a roller skater or spectator. (1997-376, s. 2.) I have witnesses who also agreed that the skates looked worn out and in poor condition. It is not my fault that these guidelines were not being adhered to by you or your staff. I would also like to make a clarification concerning your statement "she left messages on our answering machine stating that she had contacted her attorney." Know that I sought consultation from an attorney about this matter and NOT representation as of yet. This is because I wanted to handle matters on my own trusting that you and your staff would work with me as well and in a good faith, sincere manner and that your company would acknowledge the faults that have occurred so that this would not escalate to the direction it has gone to at this time. When I called your office and visited in person, I asked [redacted] (manager on duty) to provide me with your contact information and or insurance information of the company to help with subrogation. She was uncooperative, hostile, and unyielding to my simple request. I had previously spoken to[redacted] on Friday 9/12/2014 who assured me that you would be calling me back on 9/15/2014 to further discuss this issue and I never received your call. Sir, with all respect I honestly feel that you have been avoiding me and not taking my situation and concerns as serious as it is. I am a consumer, protected by the consumer laws and deserve your cooperation and respect. I feel that this situation reflects unfair business practices, and misrepresentation of the condition of the skates. I never wanted this to escalate to where it has and I simply wanted your cooperation with my request, understanding of my health matter. Thank you for your time. References-[redacted]Final Business Response As far as the comment about the use of the word toe stops, I know you were on roller blades and I just refer to all stops as toe stops but if we are wanting to be sure every correct word is being used "The Brake on the In-line skate had no issues at the time of the incident."We did state they are rental skates and we do and have always adhere by the stated North Carolina articles for Assumption of Risk Laws for Roller Skating as you keep mentioning. Our company is admitting to no faults concerning our In-Line rental skates that you were wearing.Once again when you left your message that you had contacted an attorney it is at that point we are instructed to no longer discuss this and let you move in what ever direction you see fit. Again Our company is admitting to no faults concerning our In-Line rental skates that you were wearing. It was just an accident.

The owner and the employees are rude and there is no customer service. The owner did not try to resolve my issue and told me He did not need my moneyI had my sons birthday party here and as soon as we arrived we went to get our skates at which time the guy who was working the counter rolled his eyes numerous times and huffed and puffed at every member of our party that needed his assistance. Then we were under the impression we had a helper which we did at first then when I went back to ask for her assistance we were told she left to go get pizza for another party. we were told my son would have a song of his choice played and his name called (which was advertised in the package I paid for)I then asked to speak to the owner and the girl told me he was not there I then told her I felt like I should not have to pay for something I did not recieve. she then told me that he was coming up there in 15 min. We waited 45 min at which time I was walking up to pay the bill and be done just to get out of there when I was approached by the owner with his armed cross he asked what the problem was I told him at which time he became argumentative and I then told him don't worry about it I would just pay the bill and never come back. He still continued to try to argue I walked up to the counter and he proceeded to yell infront of children, customers and employees that "he is not taking my money that he did not need my money!" I then asked him to write on the invoice paid in full if he was not going to take the payment he proceeded to scribble on the paper and my mother asked him if we could get it legible he then told her "thats all you get". He is rude and obviously does not care about his customers. Then I walk back to get my belongings and fell in a puddle of water. I did file and incedent report. The bathroom toilets were overflowing with water all over the floor. These seem like grave concerns to me consider there are children of all ages on skates.Desired SettlementI would like an written apology and a refund for the amount pd to reserve party!Business Response This individual booked a birthday party at our facility using our online booking system that requires you initial every segment of the booking to proceed to the next level of booking. She got upset the day of the party because she did not have a party host, her $99 part did not included a party host the $149 package includes a party host and I state again she booked this party online so she had to initial each section as to what she was getting. On the day of the party she got very confrontational with my session manager about not having a party host and stated she was not going to pay for the rest of her party and wanted to talk to the owner. The manager called me and ask would I want to come up and talk to this lady because she and her friend were being very rude, I live 30 minutes away but I told her I would come up and talk to the lady. When I arrived I ask the session manager to direct me to the customer ands I walked over and what was the issue and she immediately put her hands up and said she did not want to talk to me and was going to blast us on facebook. I ask her was that fair to me and my business since I had driven 30 miles to talk to her and she was not going to give me a chance to resolve the issue. She then stated that she was supposed to have a party host and she did not and that she was not happy, I explained that the $99 package did not include a party host and at that time her friend told her I was being argumentative and not to bother to talk to me and during this time a gentleman who I guess was her husband was listening to the entire conversation and walked off, do you think if we were totally wrong in this situation that he would just walk away and not defend his wife. At that point there was no reasoning with her so I walked off. She came to the ticket window to pay the balance on her bill and I told my cashier not to take any more payment from her if she was so dissatisfied and she demanded that I mark statement as paid and I did and the she demanded that I write it clearer and I told her that was the best writing I could do. She then walked back into the building and came back up front to claim she had fell in some water that was in the area her party had been and wanted to file a incident report so I had an employee write one up and the check the video cameras that we have in the building plus had two parents come up and gave statements that her fall looked intentional. As far as her concern about the bathrooms we are a public facility and bathroom may get filled with toilet paper or whatever and overflow, we handled the situation once it was brought to our attention but that situation had nothing to do with her party and is just things that happen in life at a business or a home. She was just determined to not pay the rest of her bill and that is what she did, but she received everything that was part of her package and I will be glad to send in her online booking reports.