Ziplines are rides where a person slides along a rope, usually with a harness attachment that glides across the rope. Ropes are usually suspended over varying distances, usually by a tree or pole. Sometimes the rope can be suspended quite high.
Various types of injuries are also associated with zipline rides. Zipline accidents can result in the following injuries:
There is a high rate of hospitalization associated with zipline injuries, as many of these injuries are serious. Falling from high heights and traveling down the zipline at high speeds are some of the dangers associated with zip lining.
Summer camps, amusement parks, ski resorts, and other similar recreational areas often offer these types of rides. Therefore, many zipline injuries occur to smaller children.
Who Can be Held Liable for Zip-Line Injury Cases?
An injury resulting from a zipline ride may be the responsibility of different parties. It is possible for the owner or manager of the property where the zipline is located to be held liable for injuries caused by the ride. A manager who fails to repair a zipline after noticing that it may be dangerous to visitors may be held liable under negligence laws.
Zipline rides can sometimes be managed by a separate company that travels from place to place, setting up the ride. There are times when these types of companies can be held liable. As an example, a zipline attraction was set up negligently by a company.
A company that manufactures zipline equipment can be held liable for injuries caused by a defect in its product. A common example is when the harness latch fails due to poor design, resulting in the rider falling. Here, the manufacturer might be held liable under a product liability theory.
Can I Recover Damages for a Spine Injury?
Spinal injuries are often the basis for personal injury claims. As a result of these types of cases, various legal remedies may be available, including a damages award for hospital bills, lost wages, and other expenses. It is most likely that a negligence theory will be used to recover damages for spinal injuries.
In order to prove negligence, the defendant must prove that he owed the plaintiff a duty of care, that this duty was breached, and that the breach caused the plaintiff’s spine injury. The plaintiff’s spine injury must also be calculated into a specific dollar amount. Damages that are difficult to calculate can hurt their case.
What Are Some Common Neck Injuries?
There are times when neck injuries can be very serious and debilitating. Nearly all basic movements and activities rely on the neck for their function. From the spinal column to the head, the neck is also a major pathway for nerves and vessels.
There are several types of neck injuries, including:
- Pulled neck muscles
- Neck strain, often from being in one position too long
- Impinged neck nerve
- Neckbone injuries
- Herniated neck discs
- Whiplash (for instance, from a car accident)
- Spinal stenosis (narrowing of the canal in the spine)
- Various sporting injuries
Neck injuries often happen in conjunction with other injuries, such as head, spinal cord, and back injuries. Compound neck injuries are often accompanied by paralysis. Especially if the damage is extensive, neck injuries can take a long time to heal. Often, neck injuries recur after they have healed.
Are There Any Legal Remedies For Head Injuries?
Causation would be a significant challenge in proving a head injury claim. The plaintiff must prove that the defendant’s actions caused the injury. Medical documents, photographs, and expert testimony can be used to prove this.
A monetary damages award is usually awarded to the victim of a head injury, allowing the plaintiff to be compensated for any losses they may have suffered. Here are some examples:
- Medical Expenses and Cost of Medical Treatment: Compensatory damages generally cover the costs of hospital bills, medical treatment, prescription medicines, and other health care aspects;
- Lost Wages or Future Loss of Earnings: If the personal injury resulted in a loss of wages, these could be recovered through compensatory damages. The victim can also be compensated if the injury causes them to lose the ability to earn wages in the future;
- Cost of Living With a Disability: If the plaintiff’s head injuries result in disability, they can receive compensation for costs associated with the disability, such as wheelchairs or assisted living arrangements. They can also be compensated for future loss of earnings if the injury reduces the amount of wages that they can earn in the future;
- Pain and Suffering: The victim may be compensated for severe pain and mental/emotional suffering resulting from the injury. However, they must prove that the pain is linked to the injury and that the suffering is not contrived or imaginary; and
- Loss of Consortium: A spouse can sometimes receive a damages award if the injury deprives them of the emotional elements of marriage when their spouse experiences a head injury.
Are There Any Legal Defenses For Head Injuries?
Defenses in personal injury cases may reduce or dismiss the defendant’s liability. As a general rule, defenses revolve around whether the plaintiff contributed to their own injuries and whether they took action after the injury to reduce their severity.
Some common defenses used in a personal injury case include:
- Comparative Or Contributory Negligence: In comparative negligence states, the court will allow the plaintiff to recover damages, even if they were partially at fault for the incident. A prorated amount of negligence will be assessed against the defendant by the court.
- In contributory negligence states, the court will not award damages to the plaintiff if the plaintiff was at fault for contributing to their own injuries, even if the plaintiff was found to be 1 percent at fault. Some states may have modified versions of contributory and comparative negligence;
- Assumption of Risk: The risk defense assumes the plaintiff knows what type of potential injuries they may experience and that the plaintiff agrees to the potential injury. Participating in contact sports and signing a liability waiver before doing so is an example; and
- No Mitigation of Damages: One requirement for personal injury cases is that the plaintiff must attempt to mitigate or reduce their damages. If they fail to do so and the injury worsens, they may lose their case.
What Are the Different Types of Product Liability Claims?
Since there are no federal laws governing products liability cases, most lawsuits are filed in state courts according to the state’s laws. The Department of Commerce published the Model Uniform Products Liability Act in 1979 to help promote uniformity across jurisdictions.
Product liability claims are generally based on the legal theories of negligence, breach of warranty, and strict liability. Strict liability is the most commonly used. Below is a summarization of the legal theories:
- Negligence: The elements of a negligence claim remain the same for a products liability suit. Plaintiff has a duty of care to prevent unreasonable risk of harm and injury when using the defendant’s product. It is possible to hold the violator liable for damages if the duty of care is violated and someone is harmed as a result;
- Strict Liability: Strict liability eliminates any intent element, meaning that the plaintiff does not need to prove negligent or reckless behavior. If the product is defective and causes injury, then liability exists; and
- Breach of Warranty: A warranty is a type of guarantee made by the seller regarding the good or product.
- An express warranty is created by an overt statement or action by the seller. This could be an oral or written promise about a product, but it could also include descriptions of the product or a model of it.
- The implied warranty is created by law and applies to products regardless of whether the seller states anything about them. Implied warranties of merchantability and fitness for a particular purpose are two of the most common types.
The express warranty ensures that the product can be used as intended. Whenever the buyer tells the seller how they intend to use a product, and the seller confirms that the product can be used that way, implied warranties are created.
What are the Legal Remedies for a Zipline Injury?
As mentioned, zip line injuries can be serious and may require legal action to resolve any issues or disputes. For these types of injury cases, a common legal remedy is a monetary damages award that is issued to the injured party. The damages can cover losses like hospital bills, medical costs, lost wages, pain and suffering, and other costs.
Do I Need a Lawyer for Help with a Zipline Injury Lawsuit?
Zipline injury lawsuits can be complex and may require the help of an attorney. You may need to hire a personal injury lawyer in your area if you need help with an injury claim. Your attorney can provide you with legal representation and advice for your case.
