Trial Magazine

Doe, 14, climbed a 28-foot rock wall at a family entertainment center owned by Main Event Entertainment. After climbing for 20 minutes, she unhooked her climbing rope from her harness, which was attached to the belay system. When she decided to resume climbing, she failed to rehook her rope to the harness. When she began descending from the top of the wall, she leaned back, pushed off the wall, and fell to the ground, suffering a fractured right femur that required surgery. She has recovered.

Doe sued Main Event Entertainment, alleging that the climbing was grossly understaffed in that there was just one employee to watch over 30 climbers and no one to ensure that climbers were clipped into the belay system. Suit also asserted that there were 26 similar falls at the center before Doe’s. The defense argued that the incident was unforeseeable.

The parties settled for $875,000. After the settlement, the defendant reportedly implemented belay guards to prevent climbing before a participant is hooked into the belay system.

Citation: Doe v. Main Event Entm’t L.P., No. D-1-GN-14-005342 (Tex. Dist. Ct. Travis Cnty. May 12, 2017).

Plaintiff counsel: Leonard Gabbay, Austin, Texas.