Every year, residents and visitors of Florida enjoy a number of outdoor activities, such as parasailing. Parasailing is a recreational kiting activity in which a person is towed behind a boat while attached to a contraption like a parachute, known as a parasail wing. When the boat moves through the water, the individual is carried into the air through the parasail wing. Over the years, parasailing has become an extremely popular water sport activity. While in most cases, individuals parasail without incident, parasailing also results in injuries.
The Parasail Safety Council reports that between the years of 1982 and 2012, there have been approximately 130 million parasail harness rides. Of all those rides, 73 resulted in death. Nine of those deaths were the result of passenger support equipment failure. The council estimates that thousands of people have been injured as well. Some common causes of parasail accidents include, but are not limited to, equipment malfunctioning, improper licensing of the operating company, the parasail not being properly connected, poor safety training of the parasail company’s staff, and more. In some cases, more than one issue is the cause of an accident.
In most instances, parasailing accidents will give rise to a negligence claim, although they may also involve product liability claims. Negligence is the failure to take proper care when doing something. Put another way, negligence is the failure to exercise reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. If it is determined that a parasailing operating company acted negligently (i.e., did something or failed to do something that a reasonable parasailing company would do), that company likely will be liable for the plaintiff’s harm.
If a person is killed in a parasailing accident, certain family members of the decedent may be able to file a wrongful death claim. A wrongful death situation arises when a preventable death occurs as a result of another’s negligence. Wrongful death cases are complicated and have strict procedural rules, which is why it is best to consult a qualified attorney who understands this area of the law.
It is important to note that a negligence lawsuit must be filed within a certain time frame in Florida, known as the statute of limitations. A plaintiff must file a lawsuit within four years from the date of the accident. The statute of limitations for a wrongful death claim is two years from the date of the death. Failure to take action within the applicable statute of limitations could mean losing your right to be heard altogether.
If you or someone you know has been injured in a parasailing accident, it is important to consult an experienced Miami boat accident attorney. We understand that legal issues are the last thing you want to deal with after an accident, but seeking compensation for your injuries is extremely important to ease the burden of expenses that often arise after such an incident. At the Law Offices of Robert Dixon, we have helped numerous South Florida clients resolve their accident claims. For a free and confidential initial consultation, contact us online or call us today at 1-877-499-HURT (4878).
More Blog Posts:
Common Examples of Negligent Driving in Florida Car Accident Cases, South Florida Injury Lawyer Blawg, March 27, 2015
Negligent Supervision of Children in Florida, South Florida Injury Lawyer Blawg, March 19, 2015