I'm pretty drunk right now, so I might delete this in the morning.
I can understand the parents suing the dropzone and only the dropzone, if and only if gross negligence was proven, which is obviously not the case this early. What bothers me the most is they named the pilot, dehavilland, and pratt and whitney in the lawsuit. Utter bs, and for that reason they don't deserve a penny. It proves that all they want is money for a ridiculous blanket lawsuit where the cause is not determined. I know duckwater's post was harsh, but it would not surprise me if they would trade their daughters life for money at anytime, if they got the nerve to sue everyone not even knowing who is even at fault. I work in aviation and it is not possible regardless of what some ignorant assholes may think, to design any part that will last forever. How can pratt and whitney be responsible for an engine they built 30 years ago that has been thru dozens of inspections by different parties. The manufacturer creates inspection schedules because nothing lasts forever and parts do wear out!!
The worst part about this is that they named the pilot in the lawsuit. His family lost a loved one too. Is their daughters life more valuable than Scott's? WTF!!!! This guy's family could lose their life insurance claim as well as their estate, not to mention the already loss of their loved one. What's gonna happen to his family. I know they've suffered a big loss, but naming another person that died in the crash so you can collect from his family is the lowest thing I've ever heard of especially when fault has not been determined. I highly doubt the pilot wanted to die and probably did everything he could. It would not bother me to see these parents and their lawyer to drop off the face of the earth.
I can understand the parents suing the dropzone and only the dropzone, if and only if gross negligence was proven, which is obviously not the case this early. What bothers me the most is they named the pilot, dehavilland, and pratt and whitney in the lawsuit. Utter bs, and for that reason they don't deserve a penny. It proves that all they want is money for a ridiculous blanket lawsuit where the cause is not determined. I know duckwater's post was harsh, but it would not surprise me if they would trade their daughters life for money at anytime, if they got the nerve to sue everyone not even knowing who is even at fault. I work in aviation and it is not possible regardless of what some ignorant assholes may think, to design any part that will last forever. How can pratt and whitney be responsible for an engine they built 30 years ago that has been thru dozens of inspections by different parties. The manufacturer creates inspection schedules because nothing lasts forever and parts do wear out!!
The worst part about this is that they named the pilot in the lawsuit. His family lost a loved one too. Is their daughters life more valuable than Scott's? WTF!!!! This guy's family could lose their life insurance claim as well as their estate, not to mention the already loss of their loved one. What's gonna happen to his family. I know they've suffered a big loss, but naming another person that died in the crash so you can collect from his family is the lowest thing I've ever heard of especially when fault has not been determined. I highly doubt the pilot wanted to die and probably did everything he could. It would not bother me to see these parents and their lawyer to drop off the face of the earth.
kallend 1,625
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So what? She STILL cannot sign away other people's rights. The parents are perfectly entitled to sue and the court is entitled to render a judgment which may take into account the facts that you have stated.
So do you think her parents should get any money for this lawsuit??
I haven't heard the evidence. That decision is up to the court, which will, I'm sure, be told that she signed a waiver and did it voluntarily, having been told the risks of skydiving (of course, she didn't actually get to skydive at all).
...
The only sure way to survive a canopy collision is not to have one.
The only sure way to survive a canopy collision is not to have one.
So what? She STILL cannot sign away other people's rights. The parents are perfectly entitled to sue and the court is entitled to render a judgment which may take into account the facts that you have stated.
So do you think her parents should get any money for this lawsuit??
IF, and ONLY IF, the dropzone did something grossly negligent that resulted in their child's death.
Note: this is not directed at any particular situation/dropzone... just a general commentary on the legal issues:
Lawsuits are a way for the public to hold private citizens responsible for their actions. If what happened was an accident or simple negligence, then no, the person suing shouldn't get money, assuming the waiver covered negligence. In the US at least, you cannot waive your ability (or your family's) to sue for gross negligence, no matter what's printed on the waiver. You're signing a legal document, and the document says what the law says that the document says. The law says you cannot waive gross negligence, and therefore, the document does not waive gross negligence, and if you've committed gross negligence, you can still be sued for it no matter what's on the waiver. There's a good reason for this.
If what happened was an error, a mistake, or negligence, then the parents should lose the lawsuit and have to pay the dropzone's court costs, assuming that was also in the waiver. If what happened was the result of gross negligence (such as skipping routine maintenance on the plane for a very long time, knowing that it probably would result in problems), then yes, the parents should win the suit, if only to keep the dropzone from doing something stupid again and putting more lives at risk. If individuals are allowed to operate in a shoddy and grossly negligent manner, taking no regard for the life and safety of the people on their aircraft, and knowing they cannot be held accountable merely by having those people sign a waiver, more people are going to get hurt because not everybody is as careful and concerned about their jumpers as most DZOs.