Fort Myers tourist injury

Roberts v. T.H.E. Insurance Co. – Hot Air Balloon Ride Injury

April 10, 2016 | Associates and Bruce L. Scheiner

Numerous Florida companies offer hot air balloon rides to residents and tourists alike. But when operators are not properly trained or fail to exercise due caution, accidents can occur.

You may recall in the spring of 2013, when pro football player Donte Stallworth was one of two seriously injured in a Florida hot air balloon accident in Miami after their balloon plunged to the ground after running into power lines.

More recently – and far less high-profile – was a hot air balloon injury case in Wisconsin, where a woman was injured when a company offering tethered hot air balloon rides failed to properly secure the balloon on a windy day. In Roberts v. T.H.E. Insurance Co., plaintiff alleged she suffered compensable injuries when she was knocked to the ground by the rogue balloon basket while waiting in line for a ride.

The two primary defenses raised by the company in this case were:

Recreational Immunity
Waiver of Liability

Both fell flat, as far as the Wisconsin Supreme Court was concerned. Continue reading ›

Espinoza v. Arkansas Valley Adventures – Tourist Injury Lawsuit

February 12, 2016 | Associates and Bruce L. Scheiner

Fort Myers is a tourist destination, and those engaging in an array of outdoor activities – kayaking, parasailing, waterskiing, skydiving, boating, hiking, bicycling and more – are taking on some level of inherent risk.

When these trips are part of organized events, participants assume a degree of risk by choosing to be involved. Legally, this is called “assumption of risk.” However, this does not absolve companies from taking reasonable measures to keep customers safe. That involves abiding industry standards as well as local laws and regulations.

When a person is injured in these type of activities, it’s important for tourists to consult with a local personal injury attorney, familiar with Florida civil law. Continue reading ›

Peterson v. Flare Fittings, Inc. – Post-Accident Waiver as a Release of Liability

October 29, 2015 | Associates and Bruce L. Scheiner

Liability waivers are not generally favored by Florida courts because they relieve one party of the obligation to use due care, and further shift the risk of injury to the party likely least equipped to take necessary precautions to avoid injury. For this reason, they are usually strictly construed against the party seeking to be relieved of that liability.

That said, releases of liability will be honored by the courts if it can be shown there was specific language that makes it clear the injured person fully appreciated the implications of that release.

In most of these cases, liability waivers are signed prior to a certain activity. For example, if you’ve ever ridden a rented jet ski, you probably had to sign a liability waiver. Similar releases are usually required for common Florida tourist activities like parasailing, boating or kayaking. However, most liability waivers don’t generally cover activity that occurs prior to signing that release. But that’s what defendants in Peterson v. Flare Fittings, Inc. et al. tried to do. Continue reading ›