Woman files lawsuit against parachute firm over accident

[gus 1]

I just found this via the Newsround page on skydivemag.com and couldn't find any previous posts about it:

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A warning in a manual for Sun Path Inc. parachutes advises that using a parachute can lead to death.

A Clearwater woman filed suit against the Zephyrhills company in Circuit Court on Thursday, claiming she came within seconds of that worst-case scenario. And she blames the parachute maker.

Diane L. Weller, 41, filed the suit alleging product liability and negligence through Tampa attorney Jonathan Sbar.

According to her lawsuit, Weller bought a new parachute from Sun Path in February.

On March 10, she jumped from an airplane wearing it, and at 4,000 feet above the earth, she pulled the cord to open it. Nothing happened.

Weller immediately tugged on her reserve chute, according to the suit. Nothing happened.

Not until Weller was seconds from impact with the ground did the reserve open, the lawsuit states.

Weller says she suffered serious injuries. She is seeking unspecified injuries greater than the $15,000 threshold to place a case in Circuit Court.

Weller and Sbar could not be reached for comment.

Sun Path spokesman Norman Girdwood said on Thursday that he could not comment on the case.

But a manual for Sun Path chutes warns: "Parachuting is a hazardous activity. . . . There are no guarantees that any equipment will function as intended, regardless of how it is assembled, packed, maintained or used. Serious injury or death can result from the use, misuse or attempted use of any parachute equipment."

Perhaps I shouldn't be suprised by this kind of stuff...but I am. It is surely impossible to enter into skydiving without realising the risks you're exposing yourself to and who is ultimately responsible.....?

Gus

OutpatientsOnline.com

[AggieDave 6]

Shit happens, karma happens, she puts out this kind of karma it will come back to her.

"she pulled the cord." Sounds like a damn whuffo.

Remember folks, its people like this that cause our gear to be so damned expensive.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[Sonic 0]

WTF? Skydiving is inherently dangerous, if you can't accept that you shouldn't be jumping. There's 3 warning labels on every rig - they must have seen at least one !!

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It's like something out of that twilighty show about that zone

[Sonic 0]

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its people like this that cause our gear to be so damned expensive

More to the point, it's people like this that give the sport a bad name.

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It's like something out of that twilighty show about that zone

[jlmiracle 7]

Since when did Sun Path start making Parachutes?

Judy

Be kinder than necessary because everyone you meet is fighting some kind of battle.

[AggieDave 6]

Its a whuffo thing, they call everything a chute.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[happythoughts 0]

Recently in Lake Wales, there was 2 fatalities. Two guys on a separate side of the hangar by themselves. Huge landing area. Flying near each other at 50-75 feet. One person turned in front of the other. Immediate canopy wrap. Both people died.

This has happened before. I know people who were on approach and someone hooked over the top of them and took out their canopy. Canopy collisions when only 6 feet off the ground. Poor tracking and someone else goes through their canopy. This summer, someone under canopy nearly hit me as I was walking to the packing mat. I was 40 feet past the beer line.

Perfectly good canopy overhead. No equipment problems. Awareness. Everybody has the "it won't happen to me" idea. It can. It doesn't have to be your fault or your equipment. It may not be your fault, but you are just as dead. It may be bad luck.

The skydive isn't over until you drop your gear to pack it. Give your buddies a gear check. Look around on the plane. Plan the dive, dive the plan. Track like a bandit. Landing direction. Head on a swivel.

Work hard at putting the odds in your favor.

Bill

[Sinkster 0]

I think I know who this is but I will not say more about their identity and this info comes without warranty or guarantee of any accuracy whatsoever.

In fact this is all rumor and has no merit at all.

Be that as it may, I heard that the container was a pud system and that the person experienced a hard pull for whatever reason.

Then, when pulling the reserve the person also experienced a hard pull for whatever reason.

The crypres saved them.

That's all I "know". I will say though that if this is the person I am thinking of they are fairly experienced and levelheaded and a very good person. So whatever happend had to be some major crap! I was surprized to hear about the incident, but am VERY happy that the cypres was there like a guardian angel watching over this individual.

Btw, ironically they were allegedly using a pud to avoid horseshoe malfunctions.

[ladyskydiver 0]

Did she, also, not pay attention to the release form she signed saying that "You can die from this?"

Life is short! Break the rules! Forgive quickly! Kiss slowly! Love truly, Laugh uncontrollably. And never regret anything that made you smile.

[pilotdave 0]

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Btw, ironically they were allegedly using a pud to avoid horseshoe malfunctions.

Not sure I understand this. It could theoretically prevent a pilot chute in tow, but how could it avoid horseshoes? If you pull unstable, any kind of pilot chute can wrap around ya, right?

Dave

[skreamer 1]

True, I remember once reading about an instructor at Empuria Brava who was killed after he had landed. Someone else flew into him and broke his neck. Maybe a good idea to keep one eye on the sky after you have landed?

Will

[Ron 10]

Didn't she also just come back from another injury?
And this was her first jump back?

And none of the gear was inspected at the Dropzone.
Her boyfriend grabbed it all and left with it.

All of the riggers I talked to didn't inspect the gear.

And most importantly.....did she not read the damn labels?
Sign a waiver?

"No free man shall ever be debarred the use of arms." -- Thomas Jefferson, Thomas Jefferson Papers, 334

[Hooknswoop 19]

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Btw, ironically they were allegedly using a pud to avoid horseshoe malfunctions.

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Not sure I understand this. It could theoretically prevent a pilot chute in tow, but how could it avoid horseshoes? If you pull unstable, any kind of pilot chute can wrap around ya, right?

A Horse shoe can also occur if the main pin is dis-lodged and the main D-bag falls out, gets knocked out, etc, from the container while the PC remains in the BOC/ROL.

Hook

[pilotdave 0]

Ahh ok.

By the way, this reminds me of something one of my aerospace engineering profs said a while back. He was talking about something called a horseshoe vortex, which is the cause of interference drag (like where the wing meets the fuselage, etc). Anyway, he said "I like to split up the horse and the shoe when i write horseshoe. Otherwise someone might think it says 'horses hoe'." What a freaking nutcase! I love that guy!

Dave

[Sinkster 0]

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Not sure I understand this. It could theoretically prevent a pilot chute in tow, but how could it avoid horseshoes? If you pull unstable, any kind of pilot chute can wrap around ya, right?

OOPS! I wasn't thinking when I wrote that. I meant PC in tow. Sorry!! You're right.

EDIT: Actually, thinking back, it was intended to stop horsehoes also. At least the pin loose loop breaking kind. But PC in tow is the biggie.

[Sinkster 0]

I didn't know about that info. Yipes!

[dove 0]

Someone with their own gear is suing?!?!?!! I can sort of understand when one-time jumpers or their families sue. I still think it's criminal and wrong, but I can SORT OF understand. But a licensed jumper with their own gear? Come on! I thought once you realized you were hooked on the sport you also felt protective of it and understood the risks. Unbelievable!

Fall in dove.

[freeflyz 0]

Sounds to me that she panic and was tugging on here jump suit instead of the reserve handle! I hope when she loses the case they ban here from every dz in the world!!!

[QuickDraw 0]

Sounds to me like she has failed to pull.

Her head out of her arse

-- Hope you don't die. --

I'm fucking winning

[Sinkster 0]

Yeah, I hope she has a really good reason, but it sounds like she doesn't which is a shame. I would have hoped for better but you never know. Since I don't know anything else I will reserve judgement but you are right if there is no legit reason and it's hard to imagine one.

[billvon 3,006]

>More to the point, it's people like this that give the sport a bad name.

Unfortunately, it's nothing new. Kat Folger sued Mick and Dave when her husband went in; Treetop is suing USPA now. It used to be that skydivers just didn't sue other skydivers, but nowadays nothing's safe.

People who organize should pay particular attention to this. If you have a big-way camp, and start training low time jumpers for formation loads, and two people collide on landing and break themselves up - you're a target.

[Casch 0]

That sounds very possible. She hadn't jumped for a while and lost alti awareness and is blaming it on the container. Think about it. If you had a hard pull and had to rely on your cypress wouldn't you want the local rigger to examine the container and figure out why you had the hard pull?? Of course this is all speculation on my part so take it with a grain of salt but it sounds like she forgot to pull and is trying to pass the buck.

[Michele 1]

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People who organize should pay particular attention to this. If you have a big-way camp, and start training low time jumpers for formation loads, and two people collide on landing and break themselves up - you're a target.

Are you referring to a specific event here, BV...care to elaborate, or would that be inappropriate?

Ciels-
Michele

~Do Angels keep the dreams we seek
While our hearts lie bleeding?~

[konradptr 0]

If it goes to a jury, can't we just hope that whuffos think that skydiving is dangerous, and there are risks? WTF, what are we coming to???

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Getting banned isn't that bad......

[homer 0]

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Did she, also, not pay attention to the release form she signed saying that "You can die from this?"

I don't know about the DZ she was at but, the one I jump at on the signed waiver it says if you get hurt or die you or your family cannot sue.

CSA #699 Muff #3804