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dubbayab

Should I sue/ What do you think?

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My wife had a malfunction due to a contrived malfunction, her cutaway system failed, she had to deploy her reserve (alt. remaining) in to her main trash. Survived the spinning entanglment with a broken back. Do you think the manufacture is responsible for poor, or faulty gear. She and I are not newbies, are both Instructors, and current. I feel she did everything right, and saved her life, but the medical bill are adding up, and before I decide to point fingers, I want feedback from the community. Thank you.

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My wife had a malfunction due to a contrived malfunction



not sure what this means, but did you check your gear first? had you tried the cutaway system? the only one responsible for your life once you get on the plane is you, if you didnt verify your gear worked and worked properly you have no one to blame but yourself and sueing yourself is rather pointless...
____________________________________
Those who fail to learn from the past are simply Doomed.

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First of all, I am very sorry about your wife's injuries. I hope her recovery is speedy with out complications.
If you could explain what "contrived malfunction" means. Also not sure what you mean by "her cutaway system failed".
Sparky
My idea of a fair fight is clubbing baby seals

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Agreed. Why was she unable to cutaway? Was the rig inspected by her prior to her jumping it?

And what do you mean by 'contrived'?

I hate to say it, but you may want to read the orange warning label located on the rig, or the main, or the reserve. No manufacturer guarantees the operation of their components.

Also, none of the manufacturers carry insurance for just that reason...liability. If it's money you're after, it's a pointless cause.
Sky, Muff Bro, Rodriguez Bro, and
Bastion of Purity and Innocence!™

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Was this her own personal gear? Was proper maintence done on the entire system as per the manufacture's suggestions? i.e. checking and cleaning the cutaway system every 30 days, replacing soft housings with hard housings, flexing the 3 rings every 30 days, etc.

What was the "contrived malfunction?"

Did she carry a hook knife as recommended by the USPA? Did she try to use the hook knife to get rid of her main at the risers?

Oh, and as you know, there really isn't much money in the industry, you'll probably find that after all the court costs and everything else, all you'll be left with are more bills and a bad feeling for turning your back on the sport.[:/]
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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She could not use her hook knoif scence her fingures were entangled/ traped in her main suspension lines to her right leg.


Huh? What happened to cause her to get into a wrap/horseshoe like that? Did she deploy unstable?
Sky, Muff Bro, Rodriguez Bro, and
Bastion of Purity and Innocence!™

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Sorry Kris There is no Orange or any other warning lable. This was her contianer system not her canopy:)



If it's TSo'd gear it will at least be on the container.
Sky, Muff Bro, Rodriguez Bro, and
Bastion of Purity and Innocence!™

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If it's TSo'd gear it will at least be on the container



And the manual.

How did her hand get caught up in her lines? Did she have a premature deployment or deploy unstable? If she was unstable, was she exceeding the TSO'd speed of the container?

I'm not trying to be mean, I'm really sorry this happened, but these sorts of questions are nothing, NOTHING, compared to what you would face in court.[:/]
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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NO, it wasn't a unstable deployment, it was a partial release of the main the right side remainded attached, and just for the record she went in with ALL handles pulled, as a matter of fact, she through the reserve handle, after pulling it cause it could cause an entanglment. or so we have herd.

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Would you mind telling us what happened, step by step, why you think it happened, etc?

Basically, if it is a gear issue, I would really like to know about it so I'm aware of it and can investigate with my rigger if it applies to me, my fiance or the folks I know in skydiving.
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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Sorry Kris There is no Orange or any other warning lable. This was her contianer system not her canopy



then the container either
A: was so old that the label came off which voids the TSO
B: had the label cut off, which also voids the TSO
C: never had a label so was never TSO'd

or it does have the label but isnt smacking you in the face

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Yeah I know what your writing about it on the tag that it is tsod but no Orange warning lable. the tag in tucked in with the reserve packing data card.



Container: Make, model, year?
Main: Make, model?
Reserve: Make, model?

What about the maintenance? What caused the premature release?

Sorry if we seem to be hounding, but some clarification of the gear and exactly what happend would really help us to get a better picture.

And I do wish her a quick and full recovery. I know this must be tough for the both of you.
Sky, Muff Bro, Rodriguez Bro, and
Bastion of Purity and Innocence!™

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Payback 462, Her perticular tsod lable in inside her reserve flap with her reserve packing card, Not a Large Orange lable on the "belly " of the rig like others wrote about. That is all. I did not mean that she was jumping a :non tsod rig. Sorry it taking long for replys I have a lot to answer. I appricate yor cander but let keep it reasonable, please

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I'm not trying to get rich, Kris. But IF the manufacture is at fault I want to altert the community to the problem, and cover our medical bills that is all. I have been in the sport for almost 10 years and am an Instructor.I have lost many friend, and have gained many new ones. The question I posted has not been answered by anyone yet. Should or Would you Sue?

WB

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this is a very delicate matter. im not sure you are going to find many people that are willing to speak openly on this...im definitely not going to because i havent been in the sport too long. i hope your wife recovers ok, sorry about what happened.

.-.

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Should or Would you Sue?



First of all I'm sorry about your wifes injury..

Nobody has answered this question as the circumstances of the accident have not been clearly explained...
Do not release the model etc of the equipment if you do not wish to do so but a step by step explanation of the accident would be greatly appreciated and aid in answering your question...

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First you say:

Quote

I do not plan to release the manufacture of her gear. But it is a fairly new company.



Then you say:

Quote

But IF the manufacture is at fault I want to altert the community to the problem,




So which is it? You want to alert us? Or do you want to keep the manufacturer to yourself? You can't have it both ways.


I will ask again. Type of Container? Type of main? Modified risers? Toggle set up? Reason for cutting away? Sequence of events?


And finally, NO you should not sue. You are jumping out of airplanes. You know the risks. You teach the risks as you say you are an instructer. You know your gear can fail from unforseen events. Skydiving is risky and we all accept that risk to get the reward from skydiving.
Chris Schindler
www.diverdriver.com
ATP/D-19012
FB #4125

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