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Waiving Your Rights to a Personal Injury Case in Aquatic Activities

It’s not the fall that kills you, it’s the sudden stop at the end.  Every year more and more people take to the skies along the coastlines of the United States, with an average of 3.8 million parasailing rides per year. The lion’s share of these rides occur on the pristine waters along Florida’s majestic shoreline. According to https://www.parasail.org/, the vast majority of these rides conclude harmlessly, with a satisfied clientele. However, over the past thirty years, there have been over 1,200 minor injuries sustained by parasailers, 429 serious injuries requiring hospitalization, and 73 fatalities. In the past several years, four people have died, including a young woman from Georgia here in Clearwater on vacation. These accidents generally arise out of equipment malfunction or sudden changes in weather conditions, in which the passengers in the parasails are unable to free themselves from their chutes and are drowned.

While the percentage of fatalities or injuries is admittedly very low, for those families and individuals affected by these injuries, the danger is all too real. Generally, when there is a low risk of injury in an activity, the incentive to regulate it is likewise low. However, in situations where there is little to no social utility to the activity other than as a tourist attraction, and when the injury at risk is so very devastating, then regulation occurs. In defiance of the usual modus operandi of the legislature, no such regulation exists in Florida, or nationally.

Without legislation to protect the injured parties, it is important to have experienced legal representation, like the attorneys of the Sibley Dolman Gipe Accident Injury Lawyers, PA. Attorney involvement in these cases is inevitable because of the unregulated nature of the industry. Attorneys must become involved in these cases so consumers, through the courts, can signal to the legislature that action is required to help prevent these tragic incidents.

The road to compensation for injuries is by no means a clear and easy one; the industry is permitted to create its own waivers, which are often misleading and can even be outright illegal. It is a general proposition of contract law that one can only waive something that is a foreseeable risk of the activity for which one signs a waiver.  In the instance of parasailing this is an obviously large field of possibilities. Fortunately, at least from the perspective of victims of parasailing accidents, this means that the subject is highly debatable, so the right attorney on your side can make all the difference.

The attorneys at the Sibley Dolman Gipe Accident Injury Lawyers, PA understand that one can never waive their protection from the reckless or intentional actions of others which cause you harm. These instances are defined by the occasion of an accident in which the at-fault party knew or should have known of an imminent danger and did nothing to avoid causing it. In the context of parasailing, this can be anything from a rusty hook holding the harness in place, or old and frayed ropes being used to support the parasailers. It is important that you have legal representation who knows how to properly investigate the claim, how to make the right calls, and how to make the right determinations to help you get the restitution you deserve when someone has behaved recklessly.

Operators and Waivers

Finally, in cases of waivers for the negligent actions of operators of parasailing companies, the waiver must be clear, concise, and totally unequivocal. Unfortunately, this is not always the case. In instances in which circuitous language and false aggrandizement of the protective nature of the waiver, courts, which generally disfavor waivers, are likely to award punitive damages, as well as to void the waiver. However, this is almost never a cut and dry scenario and you can be sure that the companies who caused these injures will have fervent legal representation. Therefore, it is vital that you retain legal counsel, like the experienced litigators at Sibley Dolman Gipe Accident Injury Lawyers, PA, to argue your case and to get you the justice you deserve.

Sibley Dolman Gipe Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

https://www.dolmanlaw.com/practice-area/maritime-law/