Based on the article yes there was going to be a lawsuitPosted: July 17, 2013 Filed under: Zip Line | Tags: Customer, Customer service, Daytona Beach, Jim Moss, Lawsuit, Rock climbing, Ropes Cours, Tendon, Tuscawilla Park, Volusia County, William Farrell, zip line, Zoom Air 11 Comments
You can’t make a customer happy when they hurt and you yell at them
Here are the facts as put forth in the article. A man riding a zip line hit a tree. The tree was padded. The man was supposedly stuck in a tree, injured while an employee yelled at him. The injured man supposedly tore a tendon in his right knee and required surgery.
The article says, the lawsuit says a “worker or manager accused [plaintiff] of not following park rules and injuring himself on purpose…”
I’ve torn tendons; they hurt. I would have gone for a sprained ankle if I needed an injury. But again, that is hard to do on a zip line.
“Said employee argued with Plaintiff and his wife over whose fault the accident was until several minutes had elapsed while Plaintiff was still in the tree in agony,” the lawsuit states.
The lawsuit states that the Zoom Air Daytona employee argued about whether Farrell should call an ambulance. The lawsuit said the employee did not help obtain any medical treatment for Farrell. It was Farrell’s wife who got ice for her husband from their vehicle, he said.
Or in this case don’t do something. If you believe you have a fraudulent accident occurring on your property your response is no different from any other injured person, legitimate or not. Your investigation should be immediate, thorough and include every witness statement or comment you can find.
The suit claims the man is suing because the defendant did not “”adequately” train its customers or “adequately” supervise its zip lines.”
Customer training is the nightmare of all outdoor companies. Are they listening to you? What do you have to get across to them? What do they need to know? What do you feel you legally need to tell them?
However, I have NEVER seen a claim that you were negligent in not training a customer properly.
See Man claims injury on Daytona Beach park zip line
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Though I am not an expert on this short of situation, I believe that the benefit of the doubt should go to the participant due to the fact that when the customer pays the high fee to participate in a zip line they are paying for not only the experience but the high insurance that the company of this nature has to carry. It is the responsibility of the company to take all steps to make sure there is very little chance of anyone getting injured. There should be not trees in the path or anywhere near the zip line path. On the other side, if the participant was proven guilty of not following the rules, he is responsible for going out of his way and it would be his fault for his injury.
That is always the tough part in writing about legal issues from news articles. Everything is always 100% one side or the other or like in this case, just screwy!
I think the story is a little strange how a guy hit a padded tree, tore a ligament, and got stuck in the tree. It is also strange how the worker didn’t call for help or assistance to get the guy out of the tree. The guy should have helped the guy out and got him help so that there is less against him when he is sued for negligence.
I think it’s wrong for the employee to yell at the participant and not call for help. It is definitely a wrong move to not help out the hurt participant. Yeah the tree was padded and there was risk with doing a zip line, but yelling and arguing with someone when they are stuck in a tree and in pain is definitely not the way to handle the situation. He should have cared about the participant and got him out of the tree, sat him down, called the manager or ambulance. I bet if the worker would have just helped the hurt participant more then he might not have sued them for negligence.
I do think the Zip Line company is at fault because they should not have anything in the way that could injure a customer, but i also think there are people out there that are trying to get money out of the littlest injuries. We do not know the exact situation because we did not witness it but i think companies need to have policies set so employees know exactly how to handle these types of situations.
Obviously there are a lot of issues with this set-up / business. Running a zip line into a tree in a way that makes you have to pad it? Employees who don’t know how to deal with problems. I’m sure there are more issues.
The issue with this particular zip linning business is that they should have shut the course down so they could cut this dangerous tree down. Boom, problem solved! But instead they put this situation on their backs and made it worse. In my opinion this business deserves to be shut down immediately before anyone else gets hurt.
What I don’t understand is the guy named Farrell who was on the zip line ran into a padded tree and then got stuck in a tree? or was he “suppose” to say he was stuck in a tree instead of hitting a padded tree to make it sound worse. Anyway, from this article the employee seemed like he was not properly trained, didn’t care or was into so much shock he didn’t expect anything like that to happen. If the employee would have just called in for help to another employee or manager that would have helped.Instead of what he did was kind of a jerk move. He would have been fired on the spot if he was one of my employees because he didn’t take negligence actions is putting his owners business at risk and putting the name for bad service.
I agree with both of you. The company is liable for the injury if indeed the customer hit an obstacle that put the person at risk. But, how does the customer tear a tendon? If he hit the object hard enough I can believe a shattered knee cap or sprained knee cap ligament. If you hit it just right I can see this as a possibility.
Reported to who?
Remember there are a dozen sides to every story. Here we are getting the side of the story of the injured party. How do you tear a tendon on a zip line?
The Zip line company should be at full fault for the event that happened. They shouldn’t have any objects around or in the route of the zip line route that could cause any harm to a client. If they client doesn’t get taken care of then that is bad business for a open business like that and it should be reported.