Legal Question in Personal Injury in Florida
Are pre injury release forms legally enforcable?
On my very first sky dive I was hooked to a jumpmaster (tandem jump) who operated the parachute. As it turns out, the instructor was not an employee of the Skydive business and negligently operated the parachute into a crash landing injurying me severely (on my family videotape and witnessed). I signed a pre injury release form. Also, the skydive business said they had no injury insurance...I found out later that the United States Parachute Assoc/. did in fact have third party injury insurance for their members. I hae been through four back surgeries with loss of wages and possible early disability retirement. The Skydive business and the USPA hae walked completely away from the entire injury. The injury release form says I won't sue and if I do it will be in Florida instead of Virginia. Can negligent operation by their instructor be protected by a release form/ And their continued misrepresentations be protected? USPA seems to be an out of control self regulated industry aggressively protecting their rights. Please help...I could use some good advice. I am afraid for thousands of other unsuspecting consumers. Thank you.
3 Answers from Attorneys
Re: Are pre injury release forms legally enforcable?
Assuming this all happened in Virginia, such a release before the fact is not enforcible. You did not mention when the accident occured, but you need to be mindful of the fact theat you have a 2 year statute of limitations during which you must file a lawsuit to recover for your injuries, or your claim will be barred.
Re: Are pre injury release forms legally enforcable?
Your question omits where the accident happened and where the liability agreement was signed. Each state follows its own case and statutory laws. Pre-injury forms are generally enfored as do choice of law clauses. Your problem sounds serious enough to urge you to consult with an attorney experienced in these matters.You might also have a claim against the person who made the mistaken landing. He might have a personal liability insurance policy.There is also a question of assumption of risk on your part for a ultra-hazardous event. I don't jump from airplanes.
Re: You may sue if jump was in Fla.
You may sue for your injury if the jump company was located in Florida.
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