Parasailing Accident

I live in PA but work in VA Beach, VA
we were Parasailing last Sunday and the hook on the parashute broke, i was draged by the boat under the water for a quite some time. no physical injuries. but got me scared to death, enough not to parasail ever again. i was just laying on the boat for a while, trying to collect myself.
any advise,
do i have a case?

A case for what, and against whom?

mental anguish against parasailing company... it seems that their equipment not functioning right.

alexmant said:

mental anguish against parasailing company... it seems that their equipment not functioning right.

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Why did the hook break?

I'd say you have a good case to get your money back for the parasailing! Also if anyone ever decides to start a sport called speed-scuba where you drag someone under water behind a boat, you should be credited for inventing it!

JustAPal00 said:

I'd say you have a good case to get your money back for the parasailing! Also if anyone ever decides to start a sport called speed-scuba where you drag someone under water behind a boat, you should be credited for inventing it!

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And, I'm willing to be that our OP, contractually, has NO CASE to even receive a refund.

Really? I figured the had an obligation to at least get him up in the air. Sounds like he spent most of his time as a submariner!

JustAPal00 said:

Really? I figured the had an obligation to at least get him up in the air. Sounds like he spent most of his time as a submariner!

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I'm saying this with the understanding that neither of us have seen the contract:

I will be that the contract has a disclaimer along the lines of: Customer agrees to release the company from all liability and agrees that no refund shall be due. This would seem to qualify as an "accident". Maybe not exactly what OP was thinking when he originally read it (if he even read it), but it would still qualify.


EDIT: OP never said that he never made it in to the air. He may or may not have, we can't tell from his post.

Zigner said:

I'm saying this with the understanding that neither of us have seen the contract:

I will be that the contract has a disclaimer along the lines of: Customer agrees to release the company from all liability and agrees that no refund shall be due. This would seem to qualify as an "accident". Maybe not exactly what OP was thinking when he originally read it (if he even read it), but it would still qualify.


EDIT: OP never said that he never made it in to the air. He may or may not have, we can't tell from his post.

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Had the hook broken while he was sailing, i'm sure he would have sustaind injuries from the fall. You get pretty high when you're doing that. If you want to split hairs, he never said he signed a release either. Or for that matter he never said he paid. It could have been friends with a boat.

JustAPal00 said:

Had the hook broken while he was sailing, i'm sure he would have sustaind injuries from the fall. You get pretty high when you're doing that. If you want to split hairs, he never said he signed a release either. Or for that matter he never said he paid. It could have been friends with a boat.

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True enough

Parasailing is an inherently risky activity. Accidents happen. Those releases you sign, from what I'm told, can't release the company from responsibility for acts of negligence, but it will release them from simple accidents. The only way you'd have a case for anything would be if you could prove both negligence and damages. Doesn't sound like you have damages even if there WAS negligence, no medical bills, you were just a big shaken up (understandably) and recovered without treatment. So no, no case.

alexmant said:

I live in PA but work in VA Beach, VA
we were Parasailing last Sunday and the hook on the parashute broke, i was draged by the boat under the water for a quite some time. no physical injuries. but got me scared to death, enough not to parasail ever again. i was just laying on the boat for a while, trying to collect myself.
any advise,
do i have a case?

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**A: please post a copy of the release you signed prior to going out on the water.

ecmst12 said:

Parasailing is an inherently risky activity. Accidents happen. Those releases you sign, from what I'm told, can't release the company from responsibility for acts of negligence, but it will release them from simple accidents.

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You were told WRONG. You would have to show there was GROSS negligence to override the waiver clause.