When Something ‘Breaks’ on Spring Break
As Spring Break 2024 is upon us (here in Louisville, anyway), we are starting to think about packing our bags and all the fun things we will do on our trips. Moreso than here at home, dangers can arise, with some activities Spring Breakers taking part in being inherently dangerous. Do you know some of the dangers and your legal rights if an incident occurs this Spring Break?
First, there are all sorts of activities around beaches that are inherently dangerous. For example, parasailing, helicopter rides over the coast, and swimming in the ocean. Parasailing is not a very regulated industry, and safety checks rarely occur on the equipment – including the straps and cords that hold you way up in the air above the ocean! The saltwater provides extra wear and tear on the cords, with no requirements on how they are to be maintained or how often they are to be replaced. When straps break, tragedy strikes with parasailers often being slung into beachfront buildings or dropped into the ocean or on the ground.
Beach helicopter services are largely the same way, with no scheduled maintenance required and no safety checks in place. Recourse with parasailing and helicopter companies can be just as scary. There is no requirement in most states that they be licensed, other than pilots generally, or registered with the state in any way. That makes it hard to track down the entities responsible. It is also doubtful they are required to carry liability insurance, which is what you really need if something goes wrong.
Next, if you’re taking a cruise, cruise ship injuries can be legal nightmares. Unless you’re at a port, in which case you may be in a foreign country, you are in the open sea. This means international maritime law applies. You will definitely want a qualified maritime injury lawyer to help you navigate your claim. Believe it or not, we have maritime lawyers right here in Kentucky!
Aside from being in another country or on a cruise for spring break, you will likely at least be in another state. Each state has different laws, so it is important that you first know your rights and obligations under state law where you are traveling. Further, state injury law varies. For example, in some states you have two years to bring an injury claim, but in others you have one; in some states you have a maximum amount of damages you can claim, or type of damage you can claim; but in others there are no such limits.
Finally, claims could result from you being hurt at a business or residence. For example, if the business has negligent security, a poorly lit parking lot, cracking concrete that it knew about, holes in concrete it knew about and didn’t fix, overserved someone at a bar, and a myriad of other things that can occur at homes and businesses especially on spring break. Even then, they may or may not have property or homeowner’s insurance, and it may or may not apply.
We hope everyone has a safe and happy Spring Break and that no one needs a lawyer when they return! However, if you find yourself in need of a lawyer after Spring Break, feel free to contact us at the Poppe Law Firm, PLLC at 502-895-3400 or PoppeLawFirm.com and we are happy to help you with a free consultation. Have fun and be safe!!