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Do I have a personal injury case?

Des Plaines, IL |

During a rafting trip at Shot Gun Eddy's on the Wolf River in Wisconsin, I jumped off of a cliff into the water. The water was too shallow and I hit the bottom. As a result I broke my tibia and dislocated my ankle. I needed to get surgery, have been in a cast for 6 weeks, and now need physical therapy.

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Attorney answers 7

Posted

You should consult with an experienced WI personal injury lawyer and give this attorney all the facts concerning your situation. Also, be sure to locate and send any written waivers or releases you may have signed for the rafting company.

Posted

You chose to jump. Who do you think is responsible for your injuries? Please get the medical attention you need but you do not have a valid case against Shot Gun Eddy's.

Posted

You need to ask this question in WI, where you would bring suit. That said, under IL law, they may have had a duty to warn you of the shallow depths if they had reason to believe people cliff dived there.

This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.

Posted

Tough case depending on how airtight their waiver form is.

It occurred I'm Wisconsin, so contact a Wisconsin attorney.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Posted

Probably not. Get to a WI personal injury atty. asap.

The contents of this post do not establish an attorney-client relationship. Any comments made in this post are general in nature and may not apply to the specific facts and law of your case.

Posted

While we were successful in New York in holding the city 100% liable for two brothers diving off the Coney Island steeplechase pier and being rendered quadriplegic, there were "No Diving" signs that had been removed from the site and the city had notice of the missing signs. A WI attorney would have to opine on the duty to warn, as well as notice. The assumption of risk is the primary and most successful defense to diving accidents in New York. Again, a WI attorney would have to opine on an assumption of risk defense.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

Chen Kasher

Chen Kasher

Posted

That's some excellent litigating. How did you establish the missing signs and notice?

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

We actually found an unaired news tape of Betsey Gottbaum, who was parks commissioner at the time, blurting out the admission that she knew there should have been signs up. we also found some old holiday footage from members of the community showing the no diving signs in place on Memorial Day . accidents happened on Labor Day weekend. it was a combination of friends in the media, leg work and a little luck (community video).

Posted

I am very familiar with the place where you were injured.

1. You signed a waiver before Shotgun Eddy would accept payment; AND
2. There is a sign that warns against "jumping or diving off cliff."

You did a really foolish thing. People do jump off that cliff all the time, without incident. If you are off a few inches, you hit a granite shelf (which you did). Nobody was negligent except you. It is NOT possible for you to recover.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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