A 27-year-old Ohio skydiver was killed in Florida in early April after suffering a “hard landing” during a “swooping maneuver.” The skydiver was quite experienced, having engaged in over 1,000 successful jumps prior, but he succumbed to his injuries after he was rushed to the hospital.
If you’re planning to try “extreme” sports or recreational activities like skydiving, it’s important that you understand what you’re getting into. Not only do these activities have a higher risk of serious or fatal injury, you and your survivors may not be able to recover compensation if an accident occurs.
Waiving liability
When you sign up to go jet skiing, horseback riding, bungee jumping, ziplining, skydiving or other high-risk activities, most companies will ask you to sign a liability waiver. Waivers are legally binding contracts in which you relinquish your right to sue if you are injured.
Common waiver clauses include releases of liability, assumption of risk and an acknowledgment of understanding. Releasing liability clauses state that a person acknowledges the risks associated with the activity, and will not sue the provider for accidents. Assumption of risk clauses state that the person knows the risks associated with the activity, plans to participate anyway and assumes all responsibility for the hazards involved. Finally, acknowledgment of understanding clauses state that the person had a chance to review the form and clarify any issues or questions they have.
Is there any way to sue a service provider after signing a waiver?
In most cases, a liability waiver can bar your right to sue. However, there are two potential avenues: if the service provider was grossly negligent, or if the contract does not meet Florida standards. To find out whether these options are available to you, talk to a personal injury attorney as soon as possible.
To learn more about personal injury law and liability waivers, contact a knowledgeable Sarasota, FL personal injury lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh today.