Parasailing is a sport enjoyed by approximately three to five million people in the United States every year, and North Carolina is one of the most popular places to enjoy it. However, parasailing can be very dangerous and—perhaps making it even more so—highly unregulated. Because of these two facts, when people are injured in a parasailing accident, they’re often left wondering whether the parasailing company can be held responsible.
The fact that there are no laws specific to the regulation of the parasailing industry in North Carolina does make it seem more difficult to file a claim. However, there are still other laws that must be upheld in North Carolina, such as product liability laws and premises liability laws.
How Might You File a Claim for a Parasailing Injury?
Product liability could protect parasailers if it was part of their equipment that broke or malfunctioned, causing injury. In these types of cases, however, it would be the manufacturer of that equipment, not the actual parasailing company, that the claim would be filed against.
Under premises liability, parasailers could sue the actual company. In this area of law, it could be argued that the company had a duty of care to keep its customers safe at all times while they’re on the company’s premises and equipment, including boats. This area of law would also apply to the staff and crew members; as it’s the responsibility of the parasailing company to ensure all workers are properly trained.
Parasailing Waivers – Enforceable or Not?
Many parasailing companies require customers to sign a waiver, as parasailing is by its very nature a risky sport. While these can protect the company to a degree, they don’t always hold up in court. People who have been injured in a parasailing accident shouldn’t assume they don’t have a case simply because they signed a waiver.
While parasailing is considered somewhat dangerous, companies still owe a duty of care to their customers. They must ensure that customers are outfitted with the proper equipment, know basic safety guidelines, and are kept as safe as possible. When they neglect to do so and an accident results, victims may be able to seek compensation for their injuries.
If you’ve been injured in a parasailing accident, and you believe the parasailing company may be to blame, contact Rhine Law Firm, P.C. today at (910) 772-9960. Just because this is a highly unregulated industry doesn’t mean that you can’t get compensation when you’re injured.