Understanding Recreational Accidents
Whether on a lake, at a beach, on a ski slope, at a theme park, or countless other places, the risk of injury due to neglect is quite real. The last thing anyone wants to happen is an injury to themself or to others when pursuing a leisure activity. Unfortunately, it does occur. For precisely this reason, recreational centers should and must act responsibly and make sure that safety is paramount.
Beware the Waiver
Many recreational centers require that you sign a release. More aptly put, these waivers are repugnant and should be outlawed. In New York, most of these waivers are illegal. The reason is that they do not promote safety and take away the incentive for the center to put safety first.
Case Focus: Kyle
While vacationing in upstate New York, a former elite member of the Armed Services was near fatal injured by a recreational boat. Kyle was enjoying an afternoon swim when a boat that was pulling water tubers ran over him. Unable to avoid the oncoming craft, it ran over his back on the blade cut off his fingers.
He managed to pull himself into the boat and before going into shock had the wherewithal to instruct the occupants not to panic and to essentially save his life.
A prestigious NYC law firm was retained, and they hired me as “special counsel” to represent Kyle. The case was vigorously defended by the owner of the boat, and we had to contend with a combative judge. For these reasons, the case proceeded to trial.
After a lengthy and difficult jury selection, and protracted negotiations, the case settled just prior to open statements. The organization contended that as an expert in all aspects of health, fitness, and logistics he placed himself in harms way and was the sole cause of the incident. All the occupants of the boat claimed that our client appeared out of nowhere, theorizing that he was swimming for a significant time underwater, and there was no way to avoid impact. They also alleged that he was swimming in an area of the lake that was off-limits and improbably for anyone to expect someone to be.
Reenactments of the event and thorough preparation were the keys to achieving the result that we did. I was particularly satisfied because Kyle, to me, was an inspiration and an American hero.
Trial Settlement: $3,310,000.00
Experienced Injury Attorney
Our law firm is led by New York State injury attorney Jeffrey M. Adams, who has dedicated his legal practice to protecting and promoting the rights of injured individuals.
For over a quarter of a century, Mr. Adams has represented victims of nursing home abuse and neglect, personal injury accidents and families of wrongful death victims. His extensive experience enables him to quickly and effectively evaluate cases to determine their merit. Known throughout the legal community and insurance industry as a straight shooter, Mr. Adams provides honest case appraisals and educates his clients about their cases, enabling them to make informed decisions.
