Skydiving has been a popular sport in Florida and the United States for decades. By their very nature, skydiving accidents can have devastating consequences. While these accidents are rare, there are risks involved that should be considered. If you or someone close to you has been hurt in a skydiving accident, it is important to seek the help and guidance of a reputable Miami injury attorney who can assess the merits of your case.
Skydiving accidents can take place in a variety of ways, including product defects, parachute malfunctions, cord defects, harness failures, faulty steering handles, and more. Many serious injuries or fatalities that occur through skydiving accidents can be attributed to human error or faulty equipment. As a result, individuals who have been injured in skydiving may be able to take action through a negligence claim or a product liability claim.
It is important to note that individuals almost always have to sign a waiver before they can skydive. The waiver will limit the operator’s liability in the event that something goes wrong, resulting in an injury or death. Waivers are serious legal documents and should not be taken lightly. These agreements are in place for a reason, which is why courts tend to uphold them. As a result, simple negligence is not typically enough to take legal action against the skydiving operator. Instead, the court will likely examine whether the skydiving operator acted with gross negligence.
Negligence is a failure to take reasonable care when undertaking a particular action. Negligence can also occur through an omission. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to establish a negligence claim, the plaintiff must show that the defendant owed him or her a duty of care, that the defendant breached the applicable duty of care, that the defendant’s breach was the direct cause of the accident, and that the plaintiff incurred damages.
Gross negligence is a high legal standard that requires a conscious and voluntary disregard of the duty to exercise reasonable care. Put another way, gross negligence involves extreme recklessness that could cause a serious injury or even death. For example, if a tandem instructor fails to secure the harness system properly before jumping out of the aircraft with the tandem student, that conduct would likely rise to the level of gross negligence.
A product liability claim may be appropriate if the skydiving equipment malfunctioned due to a design or manufacturing defect. A design defect is a flaw in the original design of the product that causes it to be unreasonably dangerous. A manufacturing defect refers to an error in the assembly of the product, rather than the design. Furthermore, a product liability claim may be brought if the manufacturer of the product fails to warn customers of potential risks associated with using the product. A product liability claim can be filed against anyone in the chain of distribution, from the manufacturer to the retailer.
At the Law Offices of Robert Dixon, our skilled Miami product liability attorneys can help you seek the compensation you deserve for your harm. We will take the required time to evaluate your case and come up with a legal strategy for your case. You can rest assured that we will explain your legal rights to you at each step of the way. We offer free consultations to all of our clients and proudly represent people throughout South Florida. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online.
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