Recreational Activity Accidents
It is interesting to note just how many consumers believe that stepping on to the grounds of a recreational site erases legal rights. For instance, we might think that we head up the ski slopes at our own risk or that we head up in an airplane to do our first sky dive without any protection against risk or potential harm. However, the laws do provide us with protection at such times.
Understanding the Issues
Let’s just consider those two examples above. The ski resorts have all kinds of legal obligations to protect the safety of those on the slopes and using the facilities, and sky diving companies must also ensure that everything from parachutes to airplanes are in proper working order. However, if we are injured in some way in these settings, we might mistakenly believe that we cannot file a legal claim.
How do you know when you can pursue a case against a place that is legally meant for recreation? The laws are so complex, it is best to get in touch with an attorney as soon as you can after any sort of incident. This may be quite challenging if you have sustained a serious injury or even experienced the loss of a loved one, but it is imperative to consult with a legal expert at such times.
Who Can Be Pursued for Damages
Of course, you may be thinking that there is no one who could, technically, be held at fault. For instance, the teenager who crashed into you on the ski slopes is just a lousy skier who got out of control and who does not have any way of being held accountable…right? However, you have to speak with your attorney at such a time because there may indeed be a way of pursuing damages.
After all, one of the least known ways of making claims for recreational activity accidents is to actually do so through the homeowner insurance benefits of the person who is guilty for causing the accident and/or injury. That teenager’s parents may be homeowners, and their policy may be a way of obtaining the compensation owed to you for the physical injuries sustained, the lost wages, and so on.
Of course, there is also a way of pursuing compensation after recreational activity accidents caused by equipment failure, defective machines or products, people failing to follow workplace protocols, or even by people who do not adhere to the standards posted (such as the teenager skiing out of control).
Naturally, in any and all such instances there is always going to be the need to prove that the person blamed for the recreational activity accident really is to blame. That may not be something you are capable of doing, and that is why the experienced attorney becomes your most valuable resource.
While you might be thinking something along the lines of “Well, it is my own fault…I had to go sky diving!” that does not mean that there is no legal case upon which you can stand. A good attorney can review your case and help you to determine whether or not there is validity to your claims. They will know if there are similar cases that were able to claim damages, and whether or not you can realistically pursue compensation after a recreational accident.
Heavens Law has a lot of experience in this particular area and is an ideal resource when you have been injured, or a love one has suffered in a recreational activity accident. Give their offices a call to discuss your case, and you may be surprised at the many options you have available.
- FindLaw. ATV Injuries and Accidents. 2014. https://injury.findlaw.com/car-accidents/atv-injuries-and-accidents.html