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.
PARASAIL SAFETY COUNCIL The Clayton & McCulloh Building
1065 Maitland Center Commons Blvd.
Maitland, FL 32751
Phone-Fax (407) 650-3300