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  A Jury Verdict Awarded 1.8 Million to the Plaintiff in a Parasail Death Case Against Sheraton Hotels...   
     
  September 5, 2003  
  PSC Newswire - Orlando, Florida  
  by Mark McCulloh -PSC Chairman  
     
 

The Agency Issue Tagged Sheraton Hotels! Who's Next ?

 
     
  On September 5, 2003 a jury verdict awarded 1.8 million dollars to the Plaintiff in a parasail death case against Sheraton Hotels d.b.a. Wedge Properties, which is certain to change the way parasail operators and hotels, marinas and property owners in general conduct future business with watersports vendors, more specifically parasail operators with regard to agency issues in the event of an accident.

This verdict clearly tied the US based Sheraton hotel giant as a responsible party who will now have to pay 1.8 million simply because they allowed the parasail operator (in the Bahamas) to advertise their services in an around hotel property despite a long and unsuccessful legal argument by Sheraton that this activity occurred in Bahamian waters. 

The parasail operator (Sea & Ski) was insured by International Wet Marine Underwriters, a known offshore scam, who will now have to share in the loss, but will probably just change their company name and continue on.  This will not be the case for Sheraton who loss both credibility and dollars and must now factor this verdict into their future connection with parasailing operators. 

At the end of the day, the jury did not buy the Hotels arms-length / no-liability story and agreed with the experts that;

1.  Sheraton clearly advertised parasailing and/or may have collected fees from the operator. 
2.  the boat captain was parasailing in approaching bad weather and winds reaching 20mph.
3.  there were no instructions been given of how to unclip themselves from the parasail harness during an emergency water landing. 
4.  the boat captain failed to retract the rope, letting it become entangled in the boat's propeller delaying the rescue.
5.  the boat captain utilized a damaged tow rope that failed.

For parasail operators, the negligence and defective product allegations are important since most face these challenges on a daily basis. For property owners, hotels, marinas and municipalities etc., this verdict may increase their exposure at a time when most insurance costs are rising and coverage decreasing which may force everyone to re-think their association and advertising with each other.
 
     
     
     
 
 
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