I signed a waiver to ride a banana boat at Myrtle Beach SC while on vacation. I broke a vertebrae do I still have a case?

Asked 8 months ago - Lavonia, GA

From GA. signed a waiver in SC and went on a banana boat. Waters were rough that day because of weather. The 3 of us on the left side were thrown out, got back in. We hit a wave I went up in air I heard a pop and landed on hips. Back was killing me. I was screaming I am hurt. I was waving my hands as a signal like we were told to. Driver of jet ski never looked back, and we were thrown out again. Didn't know if I could get back in but did. I told the guy I have hurt my back . He did not radio anybody . He said we are ready to go back so we did, he never reported it . I went back to the motel with my daughter and granddaughter and told husband, in bed rest of day, Went to ER next day. Test showed broke L1. and to see Neurosurgeon when home. Had fusion of L1,2 and T12 with rod. I am 57.

Attorney answers (10)

  1. William Daniel Davis

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    Contributor Level 10

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    Answered . The answer depends on the exact language of what you signed (as well as whether the jet ski driver was merely or grossly negligent). See McCune v. Myrtle Beach Indoor Shooting Range, 612 S.E.2d 462 (S.C. 2005). I assume you don't have a copy. Your best option is to hire a lawyer who can prepare a demand packet and obtain a copy of the the waiver to determine if litigation is warranted.

    The information above is for informational purposes only and it not intended, and should not be taken, as legal... more
  2. Aaron P. Marks

    Contributor Level 11

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    Answered . I am so sorry to hear that you were injured. I have handled other cases where clients have had to have spinal fusions and I know that it is a difficult and unpleasant surgery and recovery.
    Recreational waivers, like the one you signed before boarding the boat, are not always enforced in court. Whether and how the waiver affects your claim depends on a lot of factors, including the exact language of the waiver and the boat driver’s behavior (whether or not the driver acted negligently or carelessly), as well as the law. You should consult with a personal injury attorney immediately. An initial consultation is free, and an attorney will be able to tell you what steps to take next. In the meantime, please do not make any statements to anyone about the accident. You do not mention when this happened, but generally you want to talk to a lawyer as soon as possible after an accident. There are always time limits (called statute of limitations) and if you do not file a claim within the time limit, you are barred from any recovery.
    Whenever you are injured as a result of someone else’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. Sometimes, people are also be entitled to “punitive” damages, which are intended to punish a person for acting in a way that endangers others.
    If you need further medical attention and do not have the means to pay for it, a personal injury attorney may be able to help you see a local doctor. For example, I have relationships with several local health care providers and have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial.
    While it can seem bewildering, an experienced attorney will know exactly what to do so that you can get all the help that you need. I wish you the best of luck.

  3. David Ian Schoen

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    Contributor Level 20

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    Answered . Possibly. Consult with an experienced personal injury attorney ASAP.

  4. Michael R Crosner

    Contributor Level 20

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    Answered . Immediately consult a local Personal Injury attorney - many offer free consultations

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. Gabriel Dante Mazzitelli

    Contributor Level 13

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    Answered . Contact a personal injury atty in your area as soon as you can. Its possible you have a case. Best of luck.

    The information provided is for general informational purposes only and is not intended to be legal advice. No... more
  6. Christian K. Lassen II

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    Answered . A good personal injury lawyer will know that these waivers are against public policy and won't hold up. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
  7. Benjamin Whitaker Price

    Contributor Level 10

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    Answered . First of all I hope you are able to make a full recovery from this. This sounds like a nightmare. As far as your legal claims go, there are several issues here but any attorney would need to know more facts. There are many possible claims whenever you are hurt due to the negligence of another. It's possible the driver of the boat did not follow basic protocols or best practices when towing one of these devices, and he may have been negligent by not radioing this in or calling emergency personnel. These are just a few of the possible claims that jump out at me based on these limited facts. You need an attorney immediately to discuss this case and find all possible avenues of recovery and insurance for you. While you live in Georgia, this claim may have to be brought in South Carolina.
    Good luck and a hope you get better soon.

  8. Robert G. Rothstein

    Contributor Level 14

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    Answered . In Ga. you cannot "waive" negligence as it is considered to be against public policy. The laws in SC might be very different. Consult an experienced SC personal injury lawyer.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and... more
  9. Matthew Jordan Grossman

    Contributor Level 7

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    Answered . You very likely could. I would consult with a lawyer as soon as possible to discuss your options. Most lawyers will be happy to speak with you for no charge on the phone, email or in person.

    This post is designed for general information only. The information presented should not be construed to be... more
  10. John Michael Phillips

    Contributor Level 19

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    Lawyer agrees

    Answered . The terms of the release are key. Hire a personal injury lawyer immediately.

    John Phillips
    800-656-6952
    Jmp@knowthelawyer.com

    Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and... more

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