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Tips for Surviving an Adventure Tour Injury

June 9, 2014/in Personal Injury /by Mark Kaire

parasailingIn our current globalized society people don’t simply go on vacations to the beach or the lake anymore. Instead, people nowadays are looking for an exciting adventure that they will never forget. This need for adventure and a unique travel experience explains the increase in adventure tours offered around the world. Here in Florida alone there are a host of adventure tour companies offering alligator petting zoos, outdoor sports/recreational activities and other exciting and wild adventures. Companies such as Miami Adventures Tours provide adventure tours at destinations throughout the state including the Everglades, Miami and Biscayne Bay, to name a few.

With the increase of adventure tours though, there has also been an increase in personal injuries that tourists experience while participating. If you have sustained an injury during an adventure tour, you may be eligible to file a claim to recoup medical expenses and other damages that resulted from your personal injury. The following provides a few tips on what you should do if you ever find yourself injured while participating in an adventure tour.

Document Your Injury

Don’t panic if you have sustained an injury during an adventure tour. Instead make sure to immediately receive medical treatment. If you decide to pursue a legal claim against the adventure tour company, you must prove that a real injury occurred. Proving such injury will be simple if you have the medical records showing that you were injured, and if these records are signed by a licensed healthcare provider. Keeping extensive medical records and bills for of all the treatments you have received for your personal injury serves the dual purpose of providing evidence of your injury, while also providing the court with an actual amount of damages that must be paid so you can recoup the medical expenses associated with your injury.

Review Your Waiver of Liability

Any properly run adventure tour company makes sure that all participants sign a waiver of liability before any potentially dangerous activities begin. If you are injured on an adventure tour you will want to carefully review your waiver of liability in order to determine whether the adventure tour company could be liable for your injuries. Waiver of liability forms, also referred to as release forms, are legal documents within which the adventure company attempts to absolve themselves from liability for potential injuries that could result during the tour. Though the courts typically disfavor liability waivers, they are still generally enforceable. However, you may be in luck even if you have signed a liability waiver. This is because the courts strictly construe liability waivers, and have often found that the language contained within the liability waiver does not cover the injury that you sustained. If this is the case in your situation, the adventure tour company could potentially be held liable for your injuries. You should contact a personal injury attorney to review your liability waiver in order to see if it provides protection for any injuries sustained during an adventure tour.

Adventure tours can easily take your vacation to the next level. However, if you are engaged in dangerous activities while on the tour, you could experience a significant and life-altering personal injury. Remember that if you are injured during an adventure tour you should immediately see a healthcare provider, and keep all of the medical records and bills associated with this injury so that you can receive the compensation you deserve from the adventure tour. Also contact the personal injury attorneys here at Kaire & Heffernan, LLC online, or give us a call at 866-769-0123 to schedule a free consultation. We can review your waiver of liability or answer any legal questions you have regarding a personal injury sustained while on an adventure tour.

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Photo Credit: Lori Greig cc

Mark Kaire
Mark Kaire

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.

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