Georgia is home to many popular companies that offer individuals the opportunity to participate in exciting recreational activities. These activities include rock climbing, rafting, bungee jumping, and sky diving, among many others. However, although these companies typically employ trained and experienced instructors, accidents happen. Given the nature of these activities, accidents often result in serious injuries and even death. When someone suffers injuries while participating in a recreational activity in Georgia, the company or its employees may be liable for the victim’s injuries and damages through a personal injury or wrongful death lawsuit.
However, the majority of these companies require participants or their guardians to sign a liability waiver. Although many of these forms contain similar terms, they are generally tailored to the services the company provides, as well as the company’s policies and procedures. However, the underlying goal is to protect the company from financial responsibility if the participant suffers injuries.
Despite waivers of liability, there are some situations where the court will void the waiver and allow a lawsuit to proceed. These companies may still be held liable for their actions, even if the participant signed a waiver. Courts may find the waiver void and not binding in cases where the company or its agents engaged in gross negligence, when then contract’s language was vague, if there were hidden terms in the agreement, or if the company was violating state law.
Injuries from these types of activities often stem from inadequate instruction, faulty equipment, and negligent supervision. Participants may suffer traumatic brain injuries, spinal cord injuries, broken bones, internal bleeding, and even death. Victims and their families should contact an attorney to discuss their rights and remedies, because these accidents can have long term costly and potentially deadly consequences.
For example, a Georgia news report recently described a tragic sky diving accident. An 18-year-old recent high school graduate decided to go sky diving to celebrate her birthday. However, while she was midair, her parachute failed. Both the girl and her instructor slammed into a Georgia field and were killed. Her family stated that they could see that her parachute was spinning out of control; however, they did not see the landing. A preliminary investigation revealed that the main parachute failed to deploy, and the emergency parachute did not open until they were too low. The Federal Aviation Administration and local authorities are continuing to investigate the accident.
Have You Suffered Injuries While Participating in a Recreational Activity in Georgia?
If you or someone you know has suffered injuries while participating in an extreme sport or recreational activity in Georgia, you should contact the personal injury attorneys at McAleer Law. The attorneys at our law firm have a long and successful history of representing Georgia injury victims in their claims for damages against negligent parties and companies. Lawsuits against companies are challenging and often require a thorough understanding of various areas of the law. We have recovered substantial amounts of compensation for our clients through our strong legal knowledge, experience, and litigation skills. Contact our office at 404-622-5337 to discuss your Georgia premises liability or wrongful death lawsuit with an attorney at our firm.