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PhreeZone

Press Clipping - Family files suit after plane crash (Quantum Leap)

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Not sure why people are so shocked about this. I have seen similar lawsuits many times invoving tandem passengers who have been hurt or killed. Most don't win, but they will certainly try. When we run a business which gives skydives to the general public, we are taking the risk of this happening knowing full well that these suits are going to happen. The general public knows squat about our sport, and it doesn't matter what waiver you have them fill out, especially when the person who signed the waiver is killed. In most cases, the family of the deceased was probably not real keen on the idea anyway, so when something like this happens, they are even more inclined to get "revenge."

As long as we keep offering skydives to the public, we are going to have to suck it up and take these lawsuits when they come. But don't act so damned shocked when they do. When I read this post I was like, "Well, DUH!" There is a whole sector of the public just waiting to pounce on shit like this and make money from it. It is simply a fact of our sport.

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The difference in response to this tragedy from Mr. Cook's parents and Ms. Delacroix's is remarkable.

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"One thing that Kimberley did explain to me today was when they started going down it created some chaos among the other people in the aeroplane.

"She said that Robert just pulled her to him and put her head on the side of his and was talking to her really calmly and collectedly and took her mind off what was happening.

"She is just a sweetheart. She was very upset. She feels guilty that Robert gave his life to save hers.

"I just tried to console her and told her that it doesn't matter, that was the way Robert was. He loved people, he would do anything for people, he wouldn't want it any other way."



BSBD
Skydiving Fatalities - Cease not to learn 'til thou cease to live

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Kimberly LIVED. You can't compare the two.



Yes you can. I'm not sure if you are confused thinking the quote comes from Kimberly's father or whether you feel the fact that potentially saving someone else's life negates the desire to file suit when official reports have yet to be completed, but the quote is from Robert Cook's father who lost his child, just like the Delcroixs.

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Switch the roles and I bet you might be surprised.



Sorry you've lost me there. Switch what roles?
Skydiving Fatalities - Cease not to learn 'til thou cease to live

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Got ya.

It is still hard to compare the two. Parents of an actual skydiver will have a much different reaction as those of a first time tandem student. Parents of a skydiver have an understanding of what their child did, why they loved it, and what it meant to them, in most cases.

To the parents of a tandem student, it is no different then if their child was killed on any other adventure ride. They want someone to blame ans someone to pay. If my daughter was killed on one of those river speedboat tours, I can't say for sure that I wouldn't be inclined to get "justice" either. It wouldn't matter if the speedboat guys were passionate about what they did or what waiver she filled out. Losing my daughter would change ALOT in how I think and one can't even begin to prepare for that.

You have to remember that the general public just looks at our sport as a bunch of whackos who jump out of perfectly good airplanes and look at tandem rides as just another carnival ride. When a family loses their loved one to a tandem ride or plane ride, all thet see is a group of careless people who killed their loved one. They are going to be pissed and want someone to pay. It happens EVERYWHERE, not just our sport. I can understand it. It may be shitty, but I certainly can see how this reaction happens and understand what their view of our sport is.

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This is pretty ironic after listening to so many Euros bitch about "sue-happy Americans" over the years I lived there. I guess the dark side of human nature (greed in this case) isn't limited to just us Yanks after all.



Difference is here though that whilst it may be an English couple bringing the lawsuit, the tactics used by this US lawyer simply wouldn't fly at all in England. He'd be out of buisness inside a couple of years if he worked like this in England.

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IMO, this is a very poor tactic. A much better plan would be to send them our condolences, flowers and cards during this time of grief.

You are a sweetie.

Wendy W.
There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

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This is why airplanes and airplane parts are so expensive. The lawyers will attempt to sue manufactures and everyone that has a part on the airplane. Then it is usually in their best interest to settle out of court rather than fight it.

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It is not just airplane parts. It is everything in this country. Same reason car insurance is so much. But I bet most of us on here wouldn't hesitate to sue someone who ran a redlight and hit us. Or worse yet, hit and killed our child. The person who ran the light might be the nicest person in the world and just made a mistake, but we wouldn't want to hear that. All we would see is a fucker who killed our child.

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Does somebody want to take the time to dig up the home address of the parents involved in this suit? I think we should all send them a letter letting them know how mature they're acting.



IMO, this is a very poor tactic. A much better plan would be to send them our condolences, flowers and cards during this time of grief.



Mr17Hz: BIGUN has the right idea, please.

I thought your post was a joke in poor taste, then I thought it was some sort of troll - maybe someone who had been kicked off the website by H.H. or something. Then I looked at your profile and you took the time to fill it in, so I assume you are for real.

These people just lost their daughter. Since I have no reason to assume they are unfeeling sociopaths, I will give them the benefit of the doubt and assume them to be just out-of-their-minds in grief now. They didn't sign a waiver - they may not even know what one is, let alone what it entails. And a lawyer took advantage of this window of opportunity to set himself up.

Fortunately, very few skydivers would seriously act on your suggestion. Rather than calling the parent's actions immature, you should really reconsider your suggestion, and the additional pain it would cause the parents.

If not that, then consider how the repercussions could negatively affect our sport if the parents somehow got a worldwide platform to air all these letters...picture the parents sitting across from Matt Lauer on the Today show reading them out loud??? Would it bring understanding to the situation, or a whole lot of criticism about how skydivers are unsympathetic, cruel, and just crazy. I can't see how skydivers could possibly win in this situation.

Don't we get called crazy enough already??? Let's not also be called cruel.
"...I've learned that while the "needs" in life are important (food, water, shelter), it's the "wants" in life (ice cream, chocolate, sex) that make it worth the effort." Kbordson

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That's sad.

The young woman's body isn't even cold before a fucking ambulance chaser jumps on the litigation bandwagon.

That guy needs hurting really, really bad.

As much as people vilify Michael Hawkes, you've got to hand it to him for putting those people who sued him into the poorhouse. Let's hope the same thing happens here.

mh
"The mouse does not know life until it is in the mouth of the cat."

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In another news article it mentions her father is 70 with some major health issues and that her parents have a grandchild that also has some severe medical conditions. I wonder if the lawyer got wind of this and is trying to use that as leverage to file suit as soon as possible and therefore get a settlement as soon as possible.
Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

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Who knows what goes through most lawyer's heads... probably resembles what comes out their arse...

Anyway, unfortunately, the "sympathy factor" with most jurys runs pretty high in such cases. Especially when there a large, faceless, corporation named in the case.

Wasn't there an article in Parachutist or was it Skydiving??? ... awhiles back about how a DZO managed to successfully defend himself in court... basically citing... she signed the waiver... after a student landed off DZ in a set of power lines which then caused a fire which destroyed a neighbor's property? ... something like that. Thing was, it was the insurance companies that were suing everyone left and right trying to get money. Bottom line was the waiver held up... which, when you think about it, its kinda sad that we have to have waivers... its cause of lawyers... even so the DZO spent, I want to say, between $5000 & $10,000 defending himself that he never saw back.

One reason I quit being a SL Jumpmaster and think better of getting my AFF rate.

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Hey Everyone,

I can't honestly blame the family for doing what they're doing. I almost guarantee that any of your families would do the same without knowing about the sport. I don't think it's right, basically that waiver trashes all your rights and you have to understand that, but families don't. Does anyone consider that she may not have told her family?

Question for everyone:

How many of you have taken the time to sit down with your friends/family and explain the sport to them and in the event of an emergency/accident what they should/should not do.

See Tom Aiello's article, and read section "Talk to your family". Base jumping or Skydiving, same things can happen.

http://www.dropzone.com/cgi-bin/safety/detail_page.cgi?ID=64

I'm not taking a side either way here, but I think that there's more details that haven't come out yet and there's still alot of speculation. For example, if the aircraft WAS out of maintenance or past due, they have every right to sue the DZ. If the DZ did everything right, and the waiver is well done, they shouldn't have anything to worry about. I know this may not work out that way, but I can only hope... If they win this case against the DZ, does anyone have a clue how easy it will be after this to sue a DZ for being negligent? This will be detrimental to the sport.

My condolences go to the families involved...

Chris
"When once you have tasted flight..."

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Even if the Family Looses.. It will still cost everyone named Tens of Thousands of Dollars to defend themselves. Most of this money will not be recoverable.

the problem here is a Suit was filed before the body was even cold. No one really knows happened yet, yet the lawyers are already shotguning everyone. Absolutely pathetic and a prime example of why lawyers are considered the lowest possible lifeform by many.

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I understand there will be costs incurred to all involved, but hopefully not enough to cause a DZ to close. The DZ is simply providing a service, you choose to go for a "ride" with that company. Due to the inherent risk involved, you sign a waiver due to the slight possibility of things going bad. It happens, you assumed the risk.

I just really hope this family is not suing to get money for the loss of their daughter. If they truly do believe that there was negligence involved, so be it. I really really hope it's not simply for revenge on the DZ. They will be ruining it for alot of people who enjoy the sport and accept the reality of it.

Chris
"When once you have tasted flight..."

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If they truly do believe that there was negligence involved,



At this stage of the investigation how could they possibly have evidence that the engine manufacturer was at fault? But they (or rather the scumbag lawyer) are sueing them anyway 'cos that's where the cash is.
Do you want to have an ideagasm?

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Just did some checking and found that this firm is the same firm that represented the families in the KC crash in 98 that killed 6. The suit was settled for 27.5 million dollars most of it came from Teledyne Continental the engine manf. I was told it was to date the largest general aviation lawsuit won. Just wondering how much longer skydiving aircraft will be considered part 91 general aviation aircraft:(

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Jakee:
I completely agree, it's the lawyer driving this, that's obvious. They can't wait until the evidence is there before they jump on, someone else will do it before them.

Normiss:
I assume you are referring to Tom's article I linked (Thanks Tom!! - Great article BTW). I found that one day and it really got me thinking. I called my parents 10 minutes after reading that and talked to them about what I'm doing. They are accepting of what I do, and realize how happy it makes me. They know if something happens, no one is necessarily negligent or responsible for the incident.

I'm going home this Saturday for the first time in 1.5 yrs. I'm 22 yrs old and plan to talk in-depth to my parents about this. I'm bringing them my rig so I can explain everything, show them, let them touch it etc...

I want them to understand that I hold no one liable for my death should it happen while skydiving.

Chris
"When once you have tasted flight..."

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Does somebody want to take the time to dig up the home address of the parents involved in this suit? I think we should all send them a letter letting them know how mature they're acting.



And that would do nothing but show how immature you are.>:( They are burying their daughter, what is your excuse?[:/]
My idea of a fair fight is clubbing baby seals

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This same lawyer is the one that is representing the former MO govenor's family in their lawsuit against the plane manufator that built the plane that he and his son were killed in. [:/] It appears he specializes in aviation lawsuits against the manufactors.
Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

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