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From: robie@umbc1.umbc.edu (Mr. William Robie; POSI (GRAD))
Newsgroups: rec.skydiving
Subject: Re: Looking for recommendation.
Message-ID: <1991Apr9.045645.15819@umbc3.umbc.edu>
Date: 9 Apr 91 05:41:32 GMT
References: <6107@male.EBay.Sun.COM>
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Reply-To: robie@umbc1.umbc.edu
Organization: UMBC University of Maryland Baltimore county - Baltimore, MD, US
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In article <6107@male.EBay.Sun.COM>, nouveaux@poipu.EBay.Sun.COM (John J. Nouveaux, Sun Microsystems Education) writes...
>Anyone know the names of any skydiving literate attorneys (preferrably
>in the San Francisco Bay Area)?
> 
>My wife was injured on her first jump last summer at a non-USPA school
>which uses (in our and a former instructor friend of mine opinions)
>several unsafe practices for first-jumpers (including not following
>several of USPA's regulations/recommendations).

John -

I really hate to sound like I am not sympathetic, because I am most deeply
sorry that your wife was injured.  I do, however, feel compelled to make
the following comments:

If you, as an experienced skydiver, had doubts about this operation...why did
your wife go there?

While I heartily recommend USPA affiliated drop zones, the USPA is not a 
legislative body.  Violation of USPA safety regulations is, in itself, not
necessarily a violation of FAA law and not following the suggested safety
rules of a private organization (USPA) is not necessarily negligence.

I think what concerns me the most is that you and your wife are angry, hurt,
and litigiously inclined against a sport that we all share - a sport that
CLEARLY INVOLVES RISK AND THE ASSUMPTION OF RISK BY ITS PARTICIPANTS! 
Sport parachuting is not a carnival ride where you are guaranteed a measure
of safety. By participating, you assume the major share of the risk.

If there was clear and intentional malice or obvious negligence on the part
of the drop zone, then you probably have some cause for legal action (no - I
am not an attorney and am expressing only opinion) but you may find little
support among us.  You have not told us what your claim(s) is(are), but
generally, skydiving accidents come under "acts of God".  Lawsuits against
the sport (especially if they happen to be frivilous) are against all of us.
They escalate the cost of operator liability insurance and that makes things
more expensive for us all.  If these people are really operating in an 
unsafe or illegal manner, file against them with the FAA.