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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?

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.

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Attorney answers 10

Posted

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.

Alan Sanders Richard

Alan Sanders Richard

Posted

I agree with Attorney Marks. Maritime law can be very complicated and differs greatly from land-based law. An attorney who is experienced in Maritime Law will know exactly what to do so that you can get all the help that you need. You can find Maritime attorneys through the Southeastern Admiralty Law Institute at www.seali.com. Select he link for the membership directory; you can search by state by selecting "advanced search" and filling in the postal code for your state or the state where the accident occurred. As one of the characteristics of Maritime Law is nation-wide uniformity, a Maritime attorney in Georgia can advise you as well as one in South Carolina.

Posted

Possibly. Consult with an experienced personal injury attorney ASAP.

Alan Sanders Richard

Alan Sanders Richard

Posted

Your personal injury attorney also needs to know about Admiralty & Maritime law. Ask the attorney if 46 U.S.C. § 30509 makes the release you signed void.

Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Alan Sanders Richard

Alan Sanders Richard

Posted

Hire an attorney who is familiar with maritime law. You can find a list of Admiralty & Maritime Law Certified Attorneys by Location on the Florida Bar website at http://www.floridabar.org/names.nsf/CERT?openview&RestrictToCategory=AD .

Posted

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 attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney.

Alan Sanders Richard

Alan Sanders Richard

Posted

It may be wise to consider hiring an attorney near where the injury occurred rather than limiting your search to only your local area.

Posted

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)

Posted

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 advice. Your receipt of this information does not create an attorney-client relationship and you should not act on this information without consulting an attorney.

Alan Sanders Richard

Alan Sanders Richard

Posted

The problem is that this question got posted in the wrong forum. It should have been labeled an Admiralty/Maritime question. Whether it happened on the Atlantic Ocean on on internal navigable waters, the matter is controlled by the general maritime law, not state law, even in a state court. You need to contact an Admiralty attorney. Ask if 46 U.S.C. § 30509 makes the release you signed void.

Posted

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.

Posted

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 informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

Alan Sanders Richard

Alan Sanders Richard

Posted

As this injury occurred on a vessel (a contrivance used for transportation on the water) on navigable waters, federal maritime law will control, not GA or NC state law. Contact a lawyer who is knowledgeable in this specialized field and ask if federal maritime law makes the waiver void. Ask specifically about 46 U.S.C. § 30509.

Posted

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 formal legal advice nor the formation of a lawyer/client relationship.

Posted

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 responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.

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