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.