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AJC1

Tandem Master responsible for injury on landing or passenger?

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Your thoughts are well-taken, and I agree with almost all of it; but I need to make something clear. Lawyers do have to let their chomping-at-the-bit clients down gently all the time - whether it be an injured client, or a client who's accused of injuring someone, or someone involved in a heated commercial dispute, or someone pissed off at their neighbor, or the person who wants nothing more than for their scum-sucking, Satan-channeling ex-spouse to eat shit and die an agonizing death.

With respect to the more complex injury cases that require experts, and skydiving accidents would be among those (or industrial product liability, or medical malpractice, etc.), those cases are very expensive to press, without a dime of defrayment (much less compensation) if the case loses. So for those types of cases, unless a plaintiff's attorney has a very high degree of confidence - based on investigation and preliminary expert opinion - that the case is likely to win, the lawyer will politely decline to accept the case. It happens all the time; but of course most people aren't aware of the potential cases that are turned away, because that happens in private.

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Thank you for your awesome and indepth answers Tom, and yes, it was exactly what I was looking for - reasons from both sides of the coin. I was beginning to think I hadn't joined the correct site - until now, unfriendly and informative.

Yes, I am an inexperienced skydiver and no, I am not a lawyer, but I'm sure if a lawyer was to read most of the posts before your one in response to my question they would probably think, why so aggressive? There was really no feedback other than bugger off and dont ask questions.

It was recommended that I join this site in order to learn more about the sport and assumed that questions were ok, I really wasn't expecting such a negative reaction though. The question that I had on my mind at the time was this one. Obviously, you being from the US have more trouble from lawyers regarding incidents (from what I gather from the comments), however I live in South Africa where its more the press - newspapers and radio - that have the negative effect on the perception of skydiving. Lawyers really dont feature as far as I know.

I would love to see more posts like yours. I have many more questions, but will definitely think twice about posting. Where do you suggest I ask questions? The skydivers on this site have D licences and 1000's of jumps - who I consider the experts - isn't that what you guys are when you get to that level? So who better to ask?
Thanks again
Andrea

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I would love to see more posts like yours. I have many more questions, but will definitely think twice about posting. Where do you suggest I ask questions? The skydivers on this site have D licences and 1000's of jumps - who I consider the experts - isn't that what you guys are when you get to that level? So who better to ask?
Thanks again
Andrea




You have probably come to the right place, but do understand that the tone & manner of your initial post on the site, smacks of someone looking for negative information of the type that would most certainly be useful in some sort of litigation...

Filling out your profile as you have now recently done (at least in part)...gives people here somewhat of an idea of where you're coming from, and how to respond to you.

If you are as you say an experienced skydiver, then you know that we are a rather tight community, some even consider it a family...it might be beneficial to you to 'introduce' yourself a little and perhaps give some thought to how you might better word a query of that type...

This IS an informative venue and you are most welcome to ask any questions you have.

Forgive me if my comments seemed terse, but in fact my answers were valid, talk to a local tandem master, read the waiver...without more information regarding the incident you're asking about, anything much more than that would be shotgun speculation as to responsibility and liability.

What was it that you saw, or heard about that has you concerned?










~ If you choke a Smurf, what color does it turn? ~

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One camp believes the student signs a waiver and should be completely and solely responsible for his own safety.



On paper.

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The other camp believes the instructor has an absolute duty to protect the student from injury.



In my mind.
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You're not as good as you think you are. Seriously.

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I would love to see more posts like yours. I have many more questions, but will definitely think twice about posting. Where do you suggest I ask questions? The skydivers on this site have D licences and 1000's of jumps - who I consider the experts - isn't that what you guys are when you get to that level? So who better to ask?



Asking here is fine, you might want to share a bit more about yourself, people can get to know you, and all will be more comfortable.

Remember that this site is open to all, and there is little to no verification as to someone's resume.

Ask and seek answers, but because of the nature of this site, remember the that the "noise" to "signal" ratio is rather high.

Some very knowledgeable people hang out here, some have responded in this thread, some wanted to know a bit about you first, so that their words would not be twisted later out of context and perhaps in a court room. We can't control what happens with what we post, but why help someone hurt our lifestyle.
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You're not as good as you think you are. Seriously.

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... I was beginning to think I hadn't joined the correct site - until now, unfriendly and informative.

Yes, I am an inexperienced skydiver and no, I am not a lawyer, but I'm sure if a lawyer was to read most of the posts before your one in response to my question they would probably think, why so aggressive? There was really no feedback other than bugger off and dont ask questions.

It was recommended that I join this site in order to learn more about the sport and assumed that questions were ok, I really wasn't expecting such a negative reaction though. The question that I had on my mind at the time was this one. Obviously, you being from the US have more trouble from lawyers regarding incidents (from what I gather from the comments), however I live in South Africa where its more the press - newspapers and radio - that have the negative effect on the perception of skydiving. Lawyers really dont feature as far as I know.

I would love to see more posts like yours. I have many more questions, but will definitely think twice about posting. Where do you suggest I ask questions? The skydivers on this site have D licences and 1000's of jumps - who I consider the experts - isn't that what you guys are when you get to that level? So who better to ask?
Thanks again
Andrea



It isn't unusual for a lawyer or the family of an injured tandem "passenger" to come on here looking for a way to get around the waiver that was signed. And yes, we have a lot of lawyers here in the US.

When you asked a question that was very clearly about liability, and did so with an empty profile, alarm bells went off for most of us. A real lawyer wouldn't have taken it personally.

I am a little curious why you were wondering about this. Why are you worrying about a TI's responsibilty?

Most newer jumpers ask questions about stuff they are doing right now, or want to do in the immediate future.

One suggestion: before asking these questions, search around a bit. A search for the words Tandem Student Injuries(click on that) brings up a thread from a couple months ago about that very subject. You will see how instructors feel about it in their own words.

Most questions were asked at least once. I have yet to think of one that I can't find with a search. The best ones, however, are the ones others bring up that I hadn't though of.

Stick around a bit, but read more, post less. You will learn quite a bit. You will very quickly learn who to pay attention to and who to ignore:)
"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

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I would like to thank many of the previous posts, I actually belly laughed at one.

To the OP: if Andrea is a female next time start the post as follows:
Hello,
I am a hot south African female wanting to know more about x,y,z....your server will crash.
Your welcome.

Still laughing at one response above.

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Mostly women skydivers and they are scattered about few and far between. Parachutist just featured an article about freestyle. Maybe more will begin popping up soon.
I will be kissing hands and shaking babies all afternoon. Thanks for all your support! *bows*

SCS #8251

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Mostly women skydivers and they are scattered about few and far between. Parachutist just featured an article about freestyle. Maybe more will begin popping up soon.



You did see the :D after my post, didn't you? But thanks for the informative response. :S

I am aware of how many there are and who(mostly women) is doing freestyle. I think I may have met all 6 of them.:D

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Understood, and agree.

And got a good chuckle out of the last sentence of the first paragraph.
" . . . the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging them and kicking them into obedience." -- Aldous Huxley

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