Nadrich & Cohen, LLP is a California Law Firm that actively pursues Zip line injury lawsuits throughout the state. We have 26 locations throughout the state to serve you. We work on a contingency fee basis which means that we never collect a fee for our services unless a recovery is made.
Zip line Injuries are on the Rise
A recent study by the American Journal of Emergency Medicine detailed zip line related injuries in the United States, using the National Electronic Injury Surveillance System database. This particular study focused on non-fatal injuries treated in US emergency departments between 1997 – 2012. It is believed to be the first such study of its kind. Some of the facts revealed in the study include:
- Zip line injuries have increased significantly over the years
- 45 % of the injuries were sustained by patients less than 10 years of age
- 33 % of those injured were between 10 and 19 years of age
- 30 % of injuries were sustained in a residential setting, at the home of a friend, relative, or victim’s own home zip line
- 11.7 % of those injured required a hospital stay beyond the initial emergency room visit
If you or a loved one has been injured in a zip line accident, call now to speak with one of our zip line injury attorneys. We can provide a free and confidential case evaluation. Call us at 1-800-718-4658, use the live chat, or complete the form on this page.
Types of Zip line Injury Claims
Zip line injury lawsuits generally fall into two categories: faulty equipment/faulty design and activity provider negligence.
Zip line Manufacturer Product Claims
Manufacturer product claims arise from unsafe products. Where a product is defective, and the defect gives rise to an unreasonable level of dangerousness, there may be a claim against the manufacturer. Types of Product Defects:
- Design defect
- Defect in the manufacture or assembly of the product
- Marketing Defects
- Improper labeling
- Insufficient instructions for use
- Failure to warn
Zip line Activity Provider Negligence
Our Zip Line Lawsuit Attorneys more commonly see a failure of the zip line activity provider to exercise adequate care. For example, where the landing site is not visible from the launch site, zip line operators should have a system in place to ensure zip liners are not launching themselves into a dangerous situation, such as crashing into another zip liner who hasn’t cleared the space.
Zip line owners and operators are expected to employ braking systems, including an emergency brake. Where trees are used as “anchor points,” the tree must be inspected by an ISA certified arborist or other professional with equivalent experience, and a licensed engineer to ensure the tree has sufficient strength, structural support and integrity requirements.
In California, zip lines are governed by rules and regulations associated with permanent and portable amusement rides. Businesses that offer zip lines are required to have the lines inspected by the state once a year, and are required to maintain an operating permit.
These are just a few examples of basic zip line safety and California regulations regarding zip lines. The list is by no means exhaustive.
Our lawyers specializes in zip line injury lawsuits. We help victims and their families obtain compensation for their injuries. Contact us now at (800) 718-4658 for a free and confidential zip line injury case evaluation.
Zip line Liability Release Waivers
Because zip lining can be dangerous, and can lead to serious injury, zip line owners routinely ask patrons to sign a pre-injury release form. These forms generally state the user assumes full responsibility for the risk of bodily injury or death while participating in zip lining activities. Those unwilling to sign the document, which essentially waives a person’s right to file a claim after sustaining injury, will not be allowed to participate in the activity. Consequently, most people tend to sign these waivers.
Signing a pre-injury release form (sometimes referred to as an “exculpatory” agreement), does not completely eliminate a cause of action for injuries sustained while zip lining. Gross negligence and fraud on the part of the owner/operator can result in an injured party having a valid claim for damages. The Supreme Court of California has held “an agreement made in the context of sports or recreational programs or services, purporting to release liability for future gross negligence, generally is unenforceable as a matter of public policy.”
In other words, when one signs a pre-injury liability release waiver, they give up their right to sue for injuries sustained due to the negligence of the owner/operator. However, despite the waiver, they retain their right to sue for (and recover damages for) injuries sustained due to the gross negligence of the owner/operator.
What is the difference between Negligence and Gross Negligence under California Law?
“Gross negligence” does not have a specific definition under the California Code. The difference between negligence and gross negligence has been defined as follows:
- Ordinary negligence is “a failure to exercise the degree of care in a given situation that a reasonable person under similar circumstances would employ to protect others from harm.”
- Gross negligence is defined as “a want of even scant care or an extreme departure from the ordinary standard of conduct.”
Many times, whether an act or omission is “negligence” or rises to the level of “gross negligence” is a judgment call. Failure to meet a specifically assigned duty, failure to comply with industry standards, and failure to follow the recommendations of the manufacturer are all actions which, in California, may rise to the level of gross negligence.
If You Have Been Injured While Zip lining
If you have been injured while zip lining, or at a facility that offers zip lining, you may have a personal injury claim. You may be entitled to recover for pain and suffering, past medical bills, future medical bills, and other losses.
Contact the Zip line Injury Lawyers of Nadrich & Cohen, LLP now for a free consultation. Call us at 1-800-718-4658, use the live chat feature or complete the “Do I Have A Case?” Form on this page. Don’t wait as there are strict time limitations for making a claim under California law.
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