The Case
A person suffered severe, life-altering injuries at a recreational facility. The plaintiff alleged that the facility was operated negligently and that this negligence caused the injuries.
Recreational facilities must balance providing exciting experiences with maintaining reasonable safety standards. While participants assume some risk when engaging in activities like zip lines, rope courses, climbing walls, or water attractions, they do not assume risks created by improper maintenance, inadequate training of staff, or failure to follow safety protocols.
The defendant denied liability and asserted assumption of risk as a defense—arguing that the plaintiff knew the activity was dangerous and voluntarily accepted the risk of injury.
The Defense
Assumption of risk is a common defense in recreational injury cases. Defendants argue that by signing a waiver or simply choosing to participate, the plaintiff agreed to accept all risks, including those caused by negligence.
Virginia law recognizes assumption of risk but distinguishes between risks inherent to an activity and risks created by a facility’s negligence. Signing a waiver does not give a facility unlimited freedom to operate unsafely.
The Resolution
The case resolved for $925,000 prior to litigation. The early resolution suggests that the defendant or their insurer recognized exposure and chose to settle rather than face discovery and potential trial.
Why These Cases Matter
Waivers are not bulletproof shields for negligent operators. While courts enforce waivers in some circumstances, they do not excuse gross negligence or reckless conduct. Facilities cannot simply post a sign or hand someone a form and then ignore basic safety principles.
Life-altering injuries from recreational activities can leave victims with permanent disabilities, chronic pain, and inability to work or enjoy life as they did before. When these injuries result from equipment failure, inadequate supervision, or ignored safety protocols, facilities should be held accountable.
Early settlements in these cases sometimes occur when evidence of negligence is strong and the facility wants to avoid public disclosure through litigation. These settlements can benefit plaintiffs by providing faster resolution and certainty, but they require careful evaluation to ensure the amount adequately compensates for lifelong injuries.
If you or a family member suffered serious injuries at a recreational facility and were told you signed away your rights, contact us for an honest assessment. We handle premises liability and personal injury cases on a contingency basis—there is no fee unless we recover compensation for you.