Whitewater Rafting Company Sued Over River Accident
Whitewater rafting and adventure sports pose inherent risks to participants. As a result, accidents sometimes occur. Recently, the family of a man who did not survive an accident on the Roaring Folk River during a whitewater rafting trip sued the whitewater rafting company involved in the accident through a wrongful-death lawsuit filed in Aspen, Colorado.
In 2014, James Sizemore was a whitewater rafting customer of Blazing Adventures, and during the whitewater trip on the Roaring Fork River, Mr. Sizemore was ejected from the raft and did not survive the accident. In the Sizemore family’s lawsuit, they allege that the whitewater rafting company “expressly represented on its website that its guided rafting trips were ‘safe.’”
Specifically, the family alleges that the rafting company (1) failed to provide personal flotation devices (PFDs) to the customers, (2) failed to properly advise the customers of the dangers of the “Slaughterhouse” Rapid on the Roaring Fork River; (3) failed to take meaningfully appropriate measures to rescue Mr. Sizemore after his ejection; (4) lacked a proper safety and rescue plan for customers, (5) failed to train the customers in proper river safety; and (6) failed to give appropriate safety and rescue instructions to its Roaring Fork River whitewater customers. Blazing Adventures has not yet responded to the lawsuit; however, the company has conveyed condolences to the Sizemore family.
Whitewater rafting can be dangerous. Injuries from whitewater rafting are not unusual. For this reason, we have regularly advise all whitewater and boating companies to follow all safety precautions and have all customers sign proper waivers. Lawsuits as a result of injuries from whitewater rafting trips are not a new occurrence. Lawsuits from whitewater rafting customers have been filed in Maryland over the failure to rescue a customer promptly, in West Virginia over the rescue attempt of another raft, in Tennessee from an injury falling out of a raft, and in other states as well. Ultimately, customers of whitewater rafting trips should be made aware of all of the risks that are inherent to whitewater rafting. While lawsuits from accidents do occur, proper safety measures, proper waivers, and proper information provided to clients are extremely important.
Longman & Van Grack’s outdoor recreation attorneys regularly assists a variety of company and individual clients with many types of legal issues such as releases and waivers within the firm’s Sports and Recreation Law practice. In fact, Longman & Van Grack attorney Adam Van Grack has not only represented sports and recreation companies, but he has also been a board member of several sports safety organizations. Call our outdoor recreation lawyers at (301) 291-5027 and meet with our attorneys at one of our Rockville, MD; Bethesda, MD; Washington, DC; or Tysons Corner, VA Offices. Our attorneys are licensed to practice law in Maryland, Virginia, Washington, DC, New York, Wyoming, California, and Massachusetts.
