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Meanwhile in Liability Lawsuits... Zip-Line accident

Jimmy Higgins

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So anyway, in Florida (yeah), a boy fell from the zip line harness at an indoor trampoline playground. I know what you are thinking... who the heck would insure a place like that?!

The injuries are allegedly a pretty big deal.

article said:
The boy, who was not named in the lawsuit, was admitted to Tampa General Hospital where he had surgery and was treated for several days, according to the family's attorney. The boy broke several bones and suffered a collapsed lung and brain injury, Barnes' attorney Steven Capriati said.

Anyway, the accident, injuries, and lawsuit isn't what got my attention. After all, accidents lead to lawsuits and falling 20 feet onto concrete leads to injuries.

article said:
Barnes is seeking damages in excess of $15,000, according to the lawsuit.
Now, I know that $150,000 is in excess of $15,000, but overall, it would seem that they are asking for around $15,000. Based on the injuries suffered, I can easily imagine the bills being higher than that.

The good news is the employees working there that didn't strap him in, are no longer employees there, and that is a commitment to safety!


 
So anyway, in Florida (yeah), a boy fell from the zip line harness at an indoor trampoline playground. I know what you are thinking... who the heck would insure a place like that?!

The injuries are allegedly a pretty big deal.

article said:
The boy, who was not named in the lawsuit, was admitted to Tampa General Hospital where he had surgery and was treated for several days, according to the family's attorney. The boy broke several bones and suffered a collapsed lung and brain injury, Barnes' attorney Steven Capriati said.

Anyway, the accident, injuries, and lawsuit isn't what got my attention. After all, accidents lead to lawsuits and falling 20 feet onto concrete leads to injuries.

article said:
Barnes is seeking damages in excess of $15,000, according to the lawsuit.
Now, I know that $150,000 is in excess of $15,000, but overall, it would seem that they are asking for around $15,000. Based on the injuries suffered, I can easily imagine the bills being higher than that.

The good news is the employees working there that didn't strap him in, are no longer employees there, and that is a commitment to safety!



I think the $15k number comes down to how the case will be tried.
 
In my state, Louisiana, the standard waiver of liability contract people sign before paying to do something dangerous, does not prevent an injured, or dead, person from suing for damages. A person has no right to sue for damages before the damage is inflicted, therefore one cannot give up something that doesn't exist. Sue to your hearts content.

However, the waiver of liability is still standard procedure, because liability and damages can be apportioned among any parties involved, including the injured party. The waiver proves you knew what you were about to do was dangerous and makes you partially responsible for your injury. In a case where the damage award is $200k and the plaintiff is found 10% liable, he or she is expected to pay themselves $20,000.
 
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