Attorney for Parasailing Injuries and Death
Parasailing may be on your vacation bucket list, but it is not the safest water activity. In fact, the risk of injury is relatively high, especially if the equipment is defective or the weather conditions are particularly severe. If you or someone you loved was injured in a parasailing accident, learn if filing a lawsuit is possible and the right path to take.
The parasailing company is generally liable for accidents. Participants might be injured because instructors provide them with inadequate directions or substandard equipment, such as worn-out harnesses or life vests. Survivors may seek damages after fatal parasailing accidents as well, perhaps even if the victim signed a liability waiver before the incident. Let us establish the necessary elements to prove liability for parasailing injuries or deaths, and reach out to start working on your case eight away.
For help from Rivkind Margulies & Rivkind, call our attorneys for parasailing injuries and death at (305) 204-5369.
Who is Liable for Parasailing Injuries and Deaths?
Parasailing is a popular vacation activity that offers breathtaking views and a thrilling experience. That said, parasailing, like other water sports, can also be dangerous, and deaths and injuries do occur. If you are injured while parasailing, let us determine if someone else is liable.
Most likely, the company offering the parasailing experience will be liable if the staff member running the activity was negligent or reckless, whether due to failing to provide instructions or taking participants out during adverse weather conditions. In such cases, their employer may also be liable.
Parasailing companies are also liable for injuries and deaths due to known faulty or worn-out equipment. If parasailing equipment is defective in design or efficacy, the manufacturer may be liable for the victim’s injuries or death.
Typically, companies offering parasailing experiences or other water activities have participants sign liability waivers. Signing a liability waiver does not guarantee that you cannot sue for parasailing injuries or death. There are several reasons why liability waivers may be void, including if they violate public policy, contain confusing language, or attempt to waive liability for intentional acts or gross negligence.
How Long Do You Have to Sue for Parasailing Injuries and Deaths?
Parasailing happens relatively close to shore, so the statute of limitations that applies to your case will depend on the state where you were injured. Parasailing accidents do not happen far enough out in the water for maritime law to have jurisdiction, unless an accident occurs during a cruise ship excursion.
Suppose you suffered an injury while parasailing in Florida. In that case, Florida’s two-year personal injury statute of limitations would apply. Two years is the same amount of time personal representatives have to sue for fatal parasailing accidents in Florida.
The statute of limitations typically starts counting down on the date of injury or death. There are exceptions to the filing deadline, and we can see if any apply to your compensation claim.
Elements of Proving Liability for Parasailing Injuries and Deaths
Like any personal injury claim, we must prove four elements during a parasailing injury or death lawsuit.
Duty of Care
The first step in proving liability for parasailing injuries or deaths is proving that the defendant owed the victim a duty of care. A parasailing company and its instructors owe participants a duty of care to provide them with safety instructions and ensure they are given working equipment. Instructors should not take participants out parasailing if the weather is bad or the water is too choppy, as that puts them in danger.
Breach of Duty
We then have to show how the parasailing company or instructor breached the duty of care they owed you. Other potentially liable parties include other boat operators in the water that collide with the parasailing vessel, as well as the manufacturer of the parasailing equipment. We can interview eyewitnesses and review other evidence to determine the exact breach of duty that preceded your accident.
Causation
Next, our attorneys for parasailing injuries and death must prove that the defendant’s breach of duty injured or killed the victim. Again, eyewitness testimony is especially impactful here, so tell us if anyone else was present during the parasailing incident, other than you and the instructor.
Seeking immediate medical attention can also help establish a causal relationship. When you go to the hospital, tell doctors exactly how and when you were injured, and keep a careful track of your physical healing progress.
Damages
The final step in proving a serious or fatal parasailing accident is establishing the damages the victim incurred. Using copies of medical bills, we can prove your exact hospital expenses. We can estimate future expenses in consultation with medical experts and physicians who can testify if the case proceeds to trial.
Do not downplay your economic or non-economic damages. Common parasailing injuries include traumatic brain injuries, broken bones, paralysis, and other life-altering injuries, many of which have lifelong consequences for victims.
Should You Settle a Parasailing Injury or Death Case?
Whether or not we settle your case without a trial depends on whether the defense offers us a good enough settlement. Do not accept a settlement just to resolve the case sooner. If you do, you may not receive sufficient compensation for all damages, particularly future damages.
Only settle if we review the proposed amount and determine it to be fair. You cannot change your mind once you sign a settlement agreement, nor can you seek additional compensation for parasailing injuries.
You can accept a settlement even during a trial. Defendants may continue to send and improve settlement offers during a trial, which plaintiffs may accept at any time to resolve the case and move forward.
Call Us for Help After a Parasailing Accident
To talk about your case with Rivkind Margulies & Rivkind, call our attorneys for parasailing injuries and death at (305) 204-5369.
