Can You File a Lawsuit if You Were Injured While Parasailing?
Parasailing is widely considered to be a safe and exciting activity for those who wish to feel like they are flying. Unfortunately, because the industry is so unregulated, many operating companies looking to save money cut corners on safety or fail to act prudently, putting passengers at risk.
If a towline malfunction, defective harness, inexperienced crew, or inclement weather conditions caused a parasailing accident that injured you, you may have the ability to file a lawsuit to recover monetary damages from the at-fault party. Proving your case in court, however, will likely require a seasoned legal hand.
You can act today to start the process of getting the compensation that you deserve. To get a free initial case evaluation from the dedicated Florida parasailing accident attorneys at Rivkind Margulies & Rivkind, P.A., call our offices today at (305) 204-5369.
Filing a Lawsuit After an Injury in a Parasailing Accident
Parasailing is a leisure activity meant for thrill-seekers that does not scare some as much as other similar activities, such as skydiving. However, when a person is put roughly 700 feet in the air, dangling from a harness supported by the wind, anything can happen.
This is why many parasailing companies require passengers to sign liability waivers before going out on the water. These waivers act as protection against the operator in the case of injury or accident. Many people who are injured in accidents while parasailing believe that they do not have legal grounds for pursuing recovery because they signed the waiver.
However, no waiver can entirely prevent an injured passenger from filing a lawsuit against a parasailing company, particularly if they or their employees were negligent. If operator negligence caused the accident that injured you, you should always bring your situation to the attention of a parasailing accident attorney as soon as possible.
To win your case, you will have to prove the four elements of negligence: duty of care, breach of duty, causation, and damages. In other words, you will have to show how the defendant deviated from what an ordinary, reasonably prudent person in the same position would do, thereby causing the accident which caused your injury.
Understanding these concepts as they apply to you and proving them in court may prove difficult for passengers dealing with the consequences of their injuries. That is why it is always recommended that you work with an experienced boating accident attorney when considering taking legal action.
Common Causes of Parasailing Accidents
When something goes wrong while parasailing, blame can usually be attributed to one of a few potential culprits. On some occasions, these factors can work together to create the perfect storm of danger for passengers. In any case, though, most can be attributed to the actions (or failure to act) of the parasailing company operator.
Many accidents during parasailing can be attributed to issues with the towline. In fact, weak towlines are the leading cause of parasailing accidents, injuries, and deaths, according to data collected by the National Transportation Safety Board (NTSA). Towlines tend to wear down rather quickly over time as a result of exposure to sun, corrosive salt water, and consistent use.
When you go up into the air with a parasail, the only thing that ties you to the sail itself is your harness. It is important, therefore, that parasailing harnesses are sturdy and reliable. However, a regular problem amongst parasail operators is the lack of attention to the quality of harnesses and how they may wear over time. Harnesses should be regularly inspected and replaced where necessary, particularly the larger ones that are meant to support more weight.
Parasailing is highly dependent on good conditions. While parasailing relies partially on some wind to keep the passengers in the air, too much wind can cause serious danger of accidents. Other weather conditions that should be concerning are heavy rains, rough seas, and lightning. It is the responsibility of the vessel operator to determine whether to go out or not in light of the conditions on the water that day.
Inexperienced Crew Members
People who go out onto the water to parasail place themselves in the care of the crew that is out on the water with them. Since there is no expectation that the passengers will have any experience dealing with parasailing (or operating a boat, for that matter), it is the responsibility of the crew to keep them safe. If the operating company fails to provide adequate screening or training for their hired employees, the passengers on the vessel may suffer the consequences of their inexperience.
How to Know if You Can Sue After Suffering an Injury in a Parasailing Accident?
In most states, including Florida, parasailing operations are largely unregulated. When you travel overseas, there is even less regulation. The safety gear does not go through the same regulatory inspection process that might apply to elevators or airplanes, for example.
What makes these cases even more difficult is the sheer number of variables that can contribute to accidents. Multiple factors play into the activity’s overall safety, and assigning blame based on these factors may involve a complex assessment of the operation and multiple potential liable parties.
This is why proving fault in a parasailing accident can be difficult without the knowledge and experience of legal counsel. If you recently sustained an injury as a result of a parasailing accident, you should seek the assistance of a dedicated Miami parasailing accident lawyer.
Rivkind Margulies & Rivkind, P.A. Can Help You Sue After a Parasailing Accident Injury
To learn more about your potential case and how our Jacksonville boating accident lawyers can help, contact Rivkind Margulies & Rivkind, P.A. today by calling (305) 204-5369 and you can receive a free initial case evaluation.