Based on the article yes there was going to be a lawsuit
Posted: 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 CommentsYou 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.
Do Something
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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By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
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