Skydiving is supposed to be a fun and exciting thrill that is hard to top. However, a parachute failure is a danger that can put your life at risk and may end up killing someone you love when it happens. A wrongful death lawsuit in this situation may seem hard to win, but it is possible if you contact a high-quality wrongful death attorney about it.
Skydiving Deaths Can Happen
While there are many safety procedure put in place to protect skydivers and learners from injury, it is still possible. In many instances, the fault lies with the diver who makes a mistake and fails to correct it. However, a death due to a failed parachute is not the fault of the diver because it cannot be predicted and is something that the skydiving company should have taken care of before you jumped. If they failed to do so, they may try to protect themselves by waiving around liability waivers and claiming they get them off the hook for your loved one's death.
Liability Waivers May Complicate Things
While a parachute failure may seem like an obvious failure by the skydiving company, they may try to claim that their waiver of liability protects them from a lawsuit. These waivers are typically signed by everyone who goes jumping to protect the company from lawsuits if a person is injured during a jump or even ends up dying.
That said, many courts typically throw these waivers out because they find them too controlling. For example, they will argue that a failure by the skydiving company does not fall under the conditions of a liability waiver, which should only cover injuries caused by the person skydiving. That said, defense may still be tough to overcome in these cases.
Defense Is Multifaceted
If the judge throws out the waivers set in place by the skydiving company, the defendant is likely to panic a little bit. That's because many of these groups use these waivers as a way of protecting themselves in the case of an accident. That said, they still have many defenses that they might try to argue in this type of case.
That's because they can argue that the person jumping made a certain assumption of risk when going out. That's because skydiving is, obviously, a potentially dangerous activity to pursue. That said, a failure in parachute because of a failure to maintain it is not a reasonable assumption of risk and is likely to help you win this type of case.
So if you are in this situation and want to ensure you win, don't hesitate to contact a wrongful death attorney as soon as possible. These professionals will take steps to ensure that you can get past any defense and increase your chances of winning the money you deserve.