Recreational activities are defined as sports and physical activities in which one engages for pleasure. While your goal in participating in these activities is to have fun, accidents can happen, and what started as a good time can quickly turn into a life-changing experience.
At The Johnson Injury Firm, we represent injured individuals who have been harmed by another person’s negligent or reckless conduct. Please contact us today to schedule a free consultation with one of our lawyers.
Experienced Recreational Accident Attorneys
If you are injured while participating in a recreational activity, you need a personal injury lawyer who is experienced in determining if another party, such as the business where your injury occurred, was at fault and proving that fault. The Johnson Injury Firm has years of injury law experience with recreational accident cases and can help you get the monetary compensation you need to recover and move on with your life.
Liability can result from failure of the business to maintain the premises, negligence on the part of the person(s) responsible for the safety of the activity, inaccurate design of a product, workers who are careless, another participant who was negligent while participating in the activity, plus other causes.
There are many different parties who you might sue, including the recreational company and/or its employees. Under Virginia law, employers typically are automatically responsible for the negligence of their employees, if the worker harmed you in the course of their employment.
Other defendants could include the designer or manufacturer of certain equipment. If a zipline fails, for example, it could have been manufactured with weak materials. In this example, the manufacturer could be sued.
As seasoned attorneys, we take a full view of the accident and identify all parties to the lawsuit. We can then bring a claim against those who contributed to your injuries.
Recreational Activities That May Result in Personal Injuries
Including, but not limited to:
- Skateboarding/roller skating
- Water skiing/tubing
We have seen many serious injuries, including traumatic brain injuries, fractures, spinal cord and back injuries, and lacerations or soft-tissue injuries. All people injured should immediately notify the recreational activity company and call for an ambulance. Any delay could work against your case.
Tip: Consent Form
Proving negligence can hinge on whether you signed a consent form or waiver releasing the business or entity from liability in the case of an accident. Many businesses require that you sign a legal liability waiver, which might also be called a “release.” This waiver usually states that you agree not to sue the recreational company if you are injured due to their negligence.
Waivers and releases are types of exculpatory clauses, which are typically unenforceable in personal injury lawsuits. Virginia’s law against these policies has dated back all the way to 1890, in a Supreme Court case called Johnson’s Adm’x v. Richmond and Danville R.R. Co., 86 Va. 975. Subsequent court cases have upheld the bar on liability waivers.
However, some exculpatory contracts are valid, so let an attorney review. If the clause is really an indemnity clause, then a court might uphold it. You will need a seasoned lawyer’s opinion before filing your lawsuit.
Hire a Passionate Advocate to Represent You
The Virginia recreational accident lawyers at The Johnson Injury Firm bring decades of combined experience to your case. Our team has fought and received compensation for our clients to cover their immediate medical expenses, loss of income, property damage, and pain and suffering. In some situations, you can also recover compensation for future or ongoing medical care.
Reach out to us today. We never charge a fee unless we win your case, so there is no risk in contacting us for a free consultation.