Gary Messina, a New York City correction officer, died in a fatal skydiving accident at Skydive Long Island. He was jumping in tandem with one of the instructors at the facility. According to reports, the wind conditions might be the reason the parachute malfunctioned. The instructor, Chris Scott, was taken to the hospital where he remains in critical condition.
Before they participate in a jump, skydivers must sign a waiver. The contract establishes liability protection for the recreational provider to safeguard them from any lawsuits or claims against them. While these waivers are asserted to protect recreational providers from claims of negligence, we believe they still are responsible for protecting their customers.
Gross negligence occurs is an incident where a party deliberately acts in such a way to put another party at risk. In most states, when a party demonstrates acts of gross negligence, reckless conduct, or wanton acts, the court will not uphold the waiver agreement.
At The Perecman firm, we understand how damaging a skydiving injury can be. If the recreational providers are not careful, lives can be lost, much like Messina. Failing to check and maintain properly functioning parachutes is one of the main responsibilities of skydiving facilities.
Our attorney, David Perecman, shares his views of how dangerous skydiving can be. He asserts that extensive safety measures should be taken when individuals undergo such an activity. He goes on to mention that depending on the situation, victims or their family can be eligible for compensation.
If you or your loved one were injured or lost their lives because of gross negligence, you should contact our New York personal injury attorneys today. We offer consultations to help evaluate your case and choose the best plan of action.