Do I have a personal injury case?

Asked about 1 year ago - 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.

Attorney answers (7)

  1. Chen Kasher

    Contributor Level 15

    12

    Lawyers agree

    Answered . 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... more
  2. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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... more
  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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.... more
  4. Mark Dean

    Pro

    Contributor Level 14

    11

    Lawyers agree

    Answered . 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... more
  5. Judy A. Goldstein

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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.

  6. C. Donald Briggs III

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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.

  7. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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... more
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