## Who is Responsible When Someone Gets Hurt Skydiving?
Skydiving is an extreme sport that carries with it inherent risks. While skydiving companies take great precautions to ensure the safety of their customers, accidents can and do happen. When someone gets hurt skydiving, the question of who is responsible becomes a complex one.
### Who is Liable?
In the United States, liability for skydiving accidents is generally determined by the doctrine of negligence. Negligence is defined as the failure to exercise reasonable care to prevent harm to others. In order to prove negligence, the plaintiff must show that:
The defendant owed them a duty of care.
The defendant breached that duty of care.
The defendant’s breach of duty caused the plaintiff’s injuries.
The plaintiff suffered damages as a result of their injuries.
In the context of skydiving, the defendant is typically the skydiving company. The skydiving company owes a duty of care to its customers to provide them with a safe skydiving experience. This duty of care includes providing proper training, equipment, and supervision.
If the skydiving company breaches its duty of care and someone gets hurt as a result, the skydiving company may be held liable for the plaintiff’s injuries.
### Defenses to Negligence
Skydiving companies may have several defenses to a negligence claim. These defenses include:
Assumption of risk: Skydiving is an inherently dangerous activity. By choosing to participate in skydiving, the plaintiff assumes the risk of getting hurt.
Contributory negligence: The plaintiff’s own negligence may have contributed to their injuries. For example, if the plaintiff failed to follow the skydiving company’s instructions or if they were under the influence of alcohol or drugs.
Act of God: The accident was caused by an act of God, such as a sudden change in weather conditions.
### Comparative Negligence
In some states, the doctrine of comparative negligence applies to skydiving accidents. Comparative negligence allows the jury to apportion fault between the plaintiff and the defendant. If the jury finds that the plaintiff was partially at fault for their injuries, their damages award will be reduced by the percentage of fault that they are assigned.
### Waivers of Liability
Many skydiving companies require their customers to sign a waiver of liability. A waiver of liability is a contract in which the customer agrees to release the skydiving company from liability for any injuries that they may sustain while skydiving. Waivers of liability are generally enforceable in court. However, they may be void if they are found to be unconscionable.
### Recommendations for Staying Safe
If you are planning to go skydiving, there are several things you can do to stay safe:
Choose a reputable skydiving company.
Make sure you are properly trained and equipped.
Follow the skydiving company’s instructions carefully.
Be aware of the risks involved.
By following these recommendations, you can help to reduce the risk of getting hurt while skydiving.
Redactor