Jet ski accident lawyer Robbie B. Baker, along with co-counsel, won a hard-fought battle against Yamaha that lasted approximately five years and culminated in a six-week trial in West Palm Beach. The jet ski incident claimed the life of one teen, 14-year-old Jaysell Perez, and left another, Samantha Archer, scarred and mutilated for life. Plaintiffs’ attorneys accused Yamaha Motor Corp. USA of failing to correct a known steering defect with the personal watercraft and then failing to adequately warn people that an operator could not steer without throttle. This defect was particularly dangerous for a first-time operator, such as Samantha Archer, as she had no idea that she had to increase energy in a collision avoidance situation. The jury found that this defect resulted in Perez and Archer crashing into a boat and awarded a $39,000,000 verdict. Yamaha requested that the verdict be thrown out, but a Palm Beach County Circuit Judge rejected arguments raised by Yamaha’s attorneys and denied the manufacturer’s request to throw out the verdict.
$17,500,000
Go-Cart Fire Burn
A minor child suffered full body burn injuries after an accident including loss of fingers on both hands. After key depositions of emergency personnel were taken by attorney Robert Zimmerman, he was able to prove the defendant’s negligence. Zimmerman was able to settle the case at mediation for $17,500,000, allowing the minor and his family to avoid a painful trial.
$7,000,000
Burn Injury Death / Cruise Ship Accident
A long-time employee of a cruise line suffered second and third degree burns as a result of an explosion in the boiler room while the cruise line’s ship was in port. These burn injuries proved fatal in that the cruise line employee died three days following the explosion. Robert A. Zimmerman traveled with his team of experts to Germany and inspected the dry docked vessel. Our experts determined that the boiler exploded as a result of negligence in maintenance. Shortly after Robert A. Zimmerman imposed mediation, the cruise line settled the claim with the employee’s widow and minor child for $7,000,000.00.
Florida Parasailing Accident Attorneys
Committed to Top-Quality Representation
More than three to five million people each year enjoy the sport of parasailing, and many of them partake in the sport for the first time, according to the Parasailing Safety Council (PSC). Many people think and often assume there is a state or federal agency regulating parasailing, such as someone to inspect the parasailing equipment, license the operators, and enforce a regime of strict safety regulations, or that there would be someone to make sure that they are insured. These assumptions are wrong – parasailing is virtually unregulated by federal or Florida state laws.
Several attempts to pass legislation in the state of Florida have failed. Today, the only requirements for parasailing are the U.S. Coast Guard’s approval of the vessel, a boating license, and the use of life preservers. The equipment directly associated with the recreational sport—the harness, the parasail chutes, any towlines, etc.—are not regulated.
According to the PSC, since 1982, 429 parasailing rides resulted in serious injuries and 72 deaths. Of the deaths, 9 were the result of passenger support equipment failure, 58 were from the inability to escape from the passenger support system, and 5 were unknown.
At Zimmerman & Frachtman, P.A., our skilled parasailing accident lawyers in Florida have everything you need to pursue a claim for yourself or a loved one. Call 954-509-1900 today to schedule a free initial consultation.
The Dangers of Parasailing
Documented incidents have reported victims being dragged through palm trees, being slammed into buildings, being dropped hundreds of feet only to be being dragged under the water and resulting in drowning. Others reported sprained ankles, broken legs, amputation, punctured lungs, fractured pelvis, brain injuries, and death. Even as the number of operators worldwide has declined over the past decade due to high insurance and equipment costs, the number of injuries has increased by about 15%, says Mark McCulloh of the Florida-based Parasail Safety Council.
Parasailing is often described as sport where a passenger (single rider or tandem riders) are dangled up to 350 feet in the air using a parachute and winch system and harness, which is attached to and towed by a speedboat below. The driver of the boat determines where you go and where you land. The ride normally lasts 10-15 minutes.
According to PSC, the single root cause of the majority of parasail fatalities begin as a tow line separation from the tow vessel in high winds, resulting in a water landing. A parasailing canopy separated from its tow line can remain inflated by the wind with a passenger being towed in the water placing them in harm’s way. In addition to gusty winds, weather conditions, equipment failure (tow ropes, harness), high speed water and deck landings, canopy rotation, line popping, whiplash, and careless or untrained operators and/or boat captains can also cause serious injuries and deaths.
How Common Are Parasailing Accidents?
Not everyone who gets the licensing and paperwork completed to run a watersports business has an eye on safety. While many individuals in the tourism industry are very aware of the possibilities of injury, there are some who—either through greed or through ignorance or even the pressure of demand—don’t take the precautions that they should.
Some numbers of accidents in any activity are to be expected, of course; there are factors and variables that no one can predict or take into consideration, and pure accidents are not always directly someone’s fault. However, there are some precautions that those interested in participating in the pastime should be aware of.
While a claim for parasailing accident injuries can result in compensation for the negligence of the operator, it’s vital to do everything you can to avoid the lingering pain—and possibly even death—that a fatal accident leaves behind. Delray Beach parasailing injury lawyers are well aware that there are some very big red flags to look out for, and if you make sure to check for these possibilities, you will be much safer.
When you engage in parasailing, you are putting your trust in the experience of those operating the equipment and in the reliability of the equipment itself.
According to the Parasail Safety Council, some of the most common parasailing accidents occur because of:
Tow Line Separation – This is when the tow line physically breaks or separates from the boat at one of the connection points. As a result, the riders float adrift and can actually end up crashing on the shore.
Equipment Failures – If the rider is not properly secured, the harness equipment can experience a failure and cause severe accidents for the rider.
High-Speed Landings – Emergency landings at high speeds can occur if there are strong winds or faulty equipment. This can cause injuries or even death to the riders as they are brought back onto the boat.
Canopy Rotations – The potential for a line failure, ensnaring, or a forced water landing can occur if the parachute (canopy) fails or becomes damaged. This is because the canopy will start to twist in the sky.
Line Popping – If the winds are constantly changing in speed or if the boat’s speed is consistently changing, this can produce slack in the tow line. As a result, a sudden pull will make the line taut abruptly. When this happens, the line can pop and suddenly jolt the riders.
Whiplash – When the tow line pops, a rider can experience severe whiplash due to the forces of the jolt.
One of the potential red flags to look out for is a company that hasn’t been in business for long; while there are new companies coming up every day in tourism industries in Florida, if you have the option of working with a company that has been in business for a longer period of time—and thus has a good reputation—then you should definitely opt for that company over one who hasn’t necessarily had the chance to establish itself; after all, if they have no reputation at all, you have no way of really knowing what standards they adhere to.
In addition, the parasailing company you do business with should be licensed by both the state and the city or county; they should not have any qualms about providing you with verification of their licensing. The Parasail Safety Council also recommends that you ensure that the captain of the boat is a US Coast Guard Licensed Captain.
Some of the common things that can possibly go wrong during parasailing include:
Malfunctioning boat, towline, harness, or sail
Dangerous conditions
Improperly trained staff—which leads to dangerous proximity to other vessels beaches and structures as well as other precautions not being taken into account, and the results of improperly briefing passengers as to the dangers and how to react to them
Make sure that if you have booked a parasailing adventure for yourself, you check the weather both the morning of your appointment and closer to the time that you are supposed to go out; dangerous weather conditions can erupt quickly, and you shouldn’t go up if conditions are unsafe.
More than 1,800 people have suffered injuries between 1982 and 2012,
Studies have shown that there is a lower number of injuries with gondola-style parasail rigs compared to harness parasail rigs.
In fact, 520 serious injuries required hospitalization when harness parasail rigs were used compared to only two with gondola-style parasail rigs.
It has been shown that at least 95 percent of all parasail-related deaths were because the riders were unable to escape or evacuate from a harness after an unexpected water landing occurred due to strong winds.
At this time, there are no federal regulations that oversee that parasailing industry, equipment inspections, and equipment replacements.
If you or a loved one has suffered serious injuries or death from parasailing (or any other water sport) or in a personal watercraft in Florida, throughout the U.S., or while on a cruise and would like to learn more about your legal rights, we can help.
If you or someone you love has been harmed by the negligent or wrongful conduct of another, our South Florida personal injury attorneys are here to help you understand your legal options and fight for the fair recovery you deserve. In every instance, we work to recover the maximum compensation our clients are owed for their medical expenses, lost income, pain and suffering, and other losses. Throughout the process, we will remain consistently accessible to you—we even provide clients with our personal contacts so that they can always reach us with questions or concerns.
There is absolutely no cost and no obligation in speaking to a member of our team about your case. We also offer our legal services on a contingency fee basis, which means you do not owe any upfront costs when you hire our team. Instead, we only collect legal fees if we successfully secure a settlement or verdict for you.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.