Spinal Cord Injury

Fatal Florida Parasailing Accident Calls Liability Waivers Into Question

June 14, 2022 | by David J. Halberg, Esq.

A fatal Florida parasailing accident involving a vacationer in the Florida Keys has raised questions about the enforceability of liability waivers. Florida parasailing injury lawyer

Liability waivers are standard operating procedure for companies that offer inherently risky excursions and activities, including those that rent out/offer charter boats, parasailing, wakeboarding/tubing, jet skis, scuba diving, sky diving, etc.

But as our Palm Beach injury lawyers can explain, although Florida courts have upheld the viability of these waivers, they aren’t necessarily a catch-all for every scenario. There are situations where a liability waiver can be successfully challenged. This is particularly true when gross negligence is at issue. Gross negligence is a lack of care that is so egregious, it demonstrates reckless disregard for the safety or lives of others. It amounts to a conscious violation of other people’s right to safety.

In the most recent case, a 33-year-old Illinois woman died Memorial Day weekend while parasailing with her two kids. Police reported the boat’s captain cut the cable that tethered the woman and her kids to the boat. They plunged into the water, and then were dragged along the surface until they slammed into a bridge. The mother died and her two kids were injured.

For legal experts specializing in catastrophic injury cases, there is a strong argument to be made that people who do not know how parasails are operated shouldn’t be compelled to sign waivers of liability allowing parasailing companies to profit handsomely from these ventures while evading responsibility for skirting basic safety measures. In terms of legal enforceability, much of it is going to come down to the exact language in the waiver and the details of what happened. There’s also still an open question about whether a parent can waive a child’s rights in a liability waiver.

Are There Florida Parasailing Safety Laws?

There are safety laws in Florida that pertain specifically to parasailing – and they came about after several previous tragedies.

The White-Miskell Act, named after two tourists who died in Florida parasailing accidents, requires: Continue reading

Third-Party Liability for Work Injuries Highlighted in Acrobat Injury Settlement

January 4, 2021 | by David J. Halberg, Esq.

Eight acrobats who suffered life-altering injuries in a 2014 circus accident in which they fell 20 feet while hanging from their hair reached a $52 million settlement last month with the owner of the arena where it occurred. Notably, the Florida-based circus that employed them was not named as a defendant in that case. West Palm Beach injury lawyer

As our South Florida injury lawyers can explain, much of that has to do with the fact that state workers’ compensation laws stipulate that workers’ comp insurance is the exclusive remedy against an employer for work-related injuries. That doesn’t necessarily mean people who are seriously injured on-the-job don’t have alternative claims against third parties. This type of claim is more common in hazardous professions like construction, truck driving, warehousing, nursing, etc., where workers are often contracted to work at that location by another company. Continue reading

$33.1 Million Broward County, Florida Car Accident Verdict Awarded To Man Who Now Has Quadriplegia

November 12, 2010 | by David J. Halberg, Esq.

A jury in Florida has awarded Manos Milien $33.1 million for his Broward County car accident injuries. The 62-year-old became a quadriplegic after the 1996 Toyota Corolla that he was a passenger in was rear-ended by a 2004 Kia Sedona driven by Ponte Vedra Beach resident Wendy Whitney. The catastrophic South Florida car crash occurred on December 31, 2008 at around 2:40 am near Deerfield Beach on Interstate 95. Milien, who now lives in the Florida Institute for Neurologic Rehabilitation in Wauchula, cannot live independently and requires extensive nursing care.

Broward Circuit Judge Carol-Lisa Phillips is expected to readjust the amount of compensatory damages awarded to Milien down to $31.4 million. This is account for the fact that the jury found Milien 5% at fault for not wearing a seat belt at the time of the Florida car accident happened.

Spinal Cord Injury