Proving Liability for Injuries Sustained During Recreational Activities

Jacksonville Personal Injury Lawyer If you are injured while engaging in a recreational activity at a gym, school, theme park, resort or other facility, proving liability may be difficult. While it’s true that such facilities are generally obligated to provide safe equipment and that they should take steps to keep people safe, liability for injuries isn’t always cut and dry. Even if you’re seriously injured, you may hit a brick wall when attempting to sue. That’s largely because such facilities typically take steps to minimize the risk of litigation. Gyms, for instance, typically require members to sign contracts stating that they use equipment at their own risk, which largely eliminates the ability to sue for liability.

Theme Parks Aggressively Defend Against Lawsuits

Most theme parks host millions of visitors per year. If people get the idea that suing theme parks for liability is easy, the parks would constantly be fighting lawsuits in court. As a result, theme parks aggressively defend against such litigation and take numerous steps to discourage such cases from materializing in the first place. While you may have a case if your injury stems from defective equipment, proving liability for a slip-and-fall incident probably won’t work. Theme parks typically settle lawsuits out of court and keep awards under wraps to discourage others from pursuing these types of cases.

Resorts are Required to Post Warnings

Because resorts often offer a wide array of recreational activities, they are under more of an obligation to warn guests about potential hazards. Signs to warn against dangers like rock slides, avalanches and lightning strikes should be prominently posted. Also, equipment such as horseback riding helmets, skis and canoes should be kept in good working order. If you’re injured at a resort due to improperly maintained equipment or because the resort failed to warn you about certain dangers, a Jacksonville personal injury lawyer may be able to help you seek compensation.

Schools have Limited Liability

Although schools are required to provide knowledgeable instruction and proper supervision for sports and other activities, they don’t usually face significant liability when students and other are injured. If someone is injured on school property because of defective equipment, the equipment manufacturer is usually the one that should be sued. The school itself is unlikely to be taken to court regarding the matter. Of course, it never hurts to check with an experienced Jacksonville personal injury attorney to see if a case holds merit. Each situation is different, and if the other party was negligent, the injured person may be owed compensation.

Hire a Competent Jacksonville Personal Injury Lawyer

If you were injured while engaging in recreational activities, it pays to line up qualified legal representation. Call disability lawyer John Fagan at 904-278-1000 now.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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