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