Georgia Skydiving Instructor Dies in Accident

Even the most experienced jumpers can fall victim to a fatal skydiving accident. According to the Associated Press, 49-year-old Joseph Bennet—an instructor with more than 6,000 jumps under his belt—tragically died on June 10, 2017 during a parachute landing in Monroe, GA. Bennet lived in Buford and worked for Skydive Monroe. The company’s owner, Bill Scott, says he does not believe that anything went wrong with the equipment, rather Bennet unfortunately “misjudged” his landing.

This tragic event, although rare, brings to mind issues of liability involving extreme sports. Most notably, who is at fault when someone is injured in a skydiving accident?

Extreme sports and waivers

There are several popular skydiving companies in Georgia. Due to the potential risks of jumping out of an airplane, you will likely sign a liability waiver before taking the plunge. These documents differ and are tailored to each company’s policies. The overall goal, however, is to protect the business from a pricey lawsuit in case a jumper is injured during a dive.

I was an injured in a skydiving accident, but I signed a waiver. Can I file a lawsuit?

If you or someone you love suffered harm during the course of a skydiving excursion, and you signed a waiver, you may still have some options. A skydiving company may be held legally liable for their negligent actions even if you signed a document stating the contrary. If you choose to bring a personal injury claim against the company, these are a few factors that may be considered:

• Actions of the company. Skydiving companies that were grossly negligent could be held legally responsible, even if you signed a waiver that precludes you from pursuing litigation. For example, if an unlicensed pilot flew the plane, the company gave you faulty equipment, or they failed to properly train you.
• Waiver language. The release you signed might have been full of unclear or vague language. Perhaps it did not specifically define when they skydiving company is to be held liable. If the waiver is ambiguous, you could have a case in court.
• Format and size of important language. There is a chance that critical information was in small, hard-to-read type or that the terms were hidden away in a confusing part of the document. If a reasonable person would have missed this important information, the waiver could be found null and void.
• Violation of state law. It is possible that the release was in direct contradiction with Georgia state law. In that case, its terms may not be upheld in court.

Ultimately, a Georgia judge will likely decide whether your waiver will be enforced. Some courts are tougher on these issues than others. Predicting the strength of your case is impossible, however, without the help of a highly skilled lawyer.

Every case is different and deserves the full of attention of a talented, experienced lawyer. Let the helpful Georgia personal injury attorneys at Harris Lowry Manton LLP give you and your family the opportunity to obtain justice. Give us a call today at 404-961-7650 for our Atlanta office, 912-651-9967 for the Savannah location, or complete our contact form.