Bandito 0 #1 April 20, 2012 Scary stuff! http://www.gertzlegal.com/blog/2012/04/student-killed-instructor-injured-in-colorado-skydiving-accident.shtml Quote Share this post Link to post Share on other sites
craigbey 0 #2 April 20, 2012 3, 2, 1 ... start bashing lawyers! Quote Share this post Link to post Share on other sites
obelixtim 150 #3 April 20, 2012 Is that fish, or rat I'm smelling here?.My computer beat me at chess, It was no match for me at kickboxing.... Quote Share this post Link to post Share on other sites
Krip 2 #5 April 20, 2012 Quote Scary stuff! http://www.gertzlegal.com/blog/2012/04/student-killed-instructor-injured-in-colorado-skydiving-accident.shtml No CommentOne Jump Wonder Quote Share this post Link to post Share on other sites
skyjumpenfool 2 #6 April 20, 2012 QuoteScary stuff! I'm currious? What is it you find scary, the fact that people die skydiving or the that lawyers will find a way to sue everyone?Birdshit & Fools Productions "Son, only two things fall from the sky." Quote Share this post Link to post Share on other sites
Squeak 17 #8 April 20, 2012 Quote Quote Scary stuff! I'm currious? What is it you find scary, the fact that people die skydiving or the that lawyers will find a way to sue everyone? it reads like a classified adYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
oldwomanc6 52 #9 April 20, 2012 "The Fremont County Sheriff's Office is reportedly very carefully examining the parachutes and harnesses to try and establish the cause of the accident. In the event that the investigation finds defective or poorly maintained equipment, the skydiving company or product manufacturer may be held liable for this tragic accident." How many skydivers, who are not riggers, could figure this puzzle out? What makes the law officers think they know enough to? At most, a paper trail (if there is any evidence of negligence) is all. Who will they call on to verify the "airworthiness" of the rig? Not Sheriff Bob, unless he's a rigger.lisa WSCR 594 FB 1023 CBDB 9 Quote Share this post Link to post Share on other sites
labrys 0 #10 April 20, 2012 QuoteCooked Goose!Sly That has to be one of the sleaziest, disgusting, and most inhumane things I've ever read in these forums... And I've seen some really harsh stuff.Owned by Remi #? Quote Share this post Link to post Share on other sites
diablopilot 2 #11 April 20, 2012 I'd like to see if they have the moxie to post the comment I left.---------------------------------------------- You're not as good as you think you are. Seriously. Quote Share this post Link to post Share on other sites
Squeak 17 #12 April 20, 2012 QuoteI'd like to see if they have the moxie to post the comment I left. no commentsYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
popsjumper 2 #13 April 20, 2012 Quote3, 2, 1 ... start bashing lawyers! OK...the guy and his business are leeches and parasites....at best.My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
skyjumpenfool 2 #14 April 20, 2012 Career day at the local High School... “So kiddies, if you want to be a billionaire by the year 2020, get a Law degree with a Web Design minor. “Birdshit & Fools Productions "Son, only two things fall from the sky." Quote Share this post Link to post Share on other sites
dpreguy 14 #15 April 20, 2012 I doubt there will be a successsful "Workers Comp" claim made here. Unless the skydive businesss is different from most, instructors are not employees. They are independent contractors for the tandem jumps. On general tort liability: I think I have seen this law firm advertise on a billboard on the interstate, "Hurt in a skiing accident? Call us..." yadda yadda. There are these scum law firms who don't like the idea that whitwater rafting, snomobile renters, skydivng companies, ski areas,hot air baloon companies etc etc have their customers sign waivers. In the ski industry, they don't sign waivers, but there is a waiver printed on the back of each ski ticket and it is posted at the area, and is part of the electronic ski pass applicatinos. Sports waivers here in Colorado, and elsewhere are almost always upheld, as they protect against accidents involving ordinary negligence. We all know that. If the waiver is good, the lawsuits generally don't get anywhere. Sooooo, it seems like this law firm is trying to make an end run around the sports waiver and try for a workers comp. recovery. Unfortunaely for them, I hope, I doubt the proper business relationship (employer-employee) exists between the skydiving operation and the tandem instructor to do that. That is one reason, of many, why all skydiving instrutors are contracted by DZ's as independent contractors and get 1099's instead of being employees. I think this law firm is just making comments for thier own newsletter, and in the final anaysis will find they can't proceed on a workers comp theory. If that fails, then I suppose then they will have to try to attack the waiver etc like we see so often, and try for tort liability. Also the lawyers will probaly investigae to see if the instructor has his Class III med, is properly lic by the mfg and has his USPA qual stuff in order, etc.. Hope the DZ has a good waiver and the instrutor's qual stuff is all in place. If their waiver is good, and the instr. quals are in order, this thing will probably go away-eventually, after the DZ owner spends good money to hire his own lawyer to fend off this crap. Quote Share this post Link to post Share on other sites
Bandito 0 #16 April 20, 2012 Quoteinstructors are not employees. They are independent contractors for the tandem jumps. Question: In the absence of a written independent contractor agreement is the instructor actually an employee? Quote Share this post Link to post Share on other sites
hcsvader 1 #17 April 20, 2012 QuoteI doubt there will be a successsful "Workers Comp" claim made here. Unless the skydive businesss is different from most, instructors are not employees. They are independent contractors for the tandem jumps. Should be interesting to see if that remains true over the next few years. TMs are no longer weekenders helping out the club. People are dng this for their full time employment.Have you seen my pants? it"s a rough life, Livin' the dream >:) Quote Share this post Link to post Share on other sites
obelixtim 150 #18 April 20, 2012 I'd like to PM you about this...its important, but your profile doesn't seem to allow it...can you change that?. To everyone: Be VERY careful what you say here. I strongly suspect that this is a not so subtle attempt to stir up trouble for the DZ involved....My computer beat me at chess, It was no match for me at kickboxing.... Quote Share this post Link to post Share on other sites
Bandito 0 #19 April 20, 2012 you doth protest too much, methinks... Are you really a NZ DZO? Quote Share this post Link to post Share on other sites
obelixtim 150 #20 April 20, 2012 Thats a very interesting response. And to answer your question, not at the moment. Can I ask why you asked?.My computer beat me at chess, It was no match for me at kickboxing.... Quote Share this post Link to post Share on other sites
Bandito 0 #21 April 20, 2012 ditto... You just seem very interested in specific topics/posts. Quote Share this post Link to post Share on other sites
wmw999 2,452 #22 April 20, 2012 Quote ditto... Wendy P.There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown) Quote Share this post Link to post Share on other sites
popsjumper 2 #23 April 20, 2012 QuoteThere are these scum law firms who don't like the idea that whitwater rafting, snomobile renters, skydivng companies, ski areas,hot air baloon companies etc etc have their customers sign waivers. Not saying you are wrong.... I think money is the driving force here. On the other hand, what's so bad about a business advertising its services? Nearly all of them do it....for good reason.My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
popsjumper 2 #24 April 20, 2012 Quote ditto... You just seem very interested in specific topics/posts. Is that a bad thing? Is it so bad to take a "better safe than sorry" approach to this situation?My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
Bandito 0 #25 April 20, 2012 QuoteIs that a bad thing? Is it so bad to take a "better safe than sorry" approach to this situation? Not at all! I think that this is very good info for all DZOs and TI's. OTOH, Obelix tim seems to want to make it more about me. Quote Share this post Link to post Share on other sites
