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Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
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Wrongful death lawsuit filed against defunct flight school

Anyone that has ever participated in an activity in Ocean County that could be viewed as dangerous may likely have been presented with a liability waiver prior to doing so. Things like flying, sky diving, scuba diving or parasailing carry with them certain risks, so it may be understandable why the companies that sponsor such activities may want to limit their liability. That limitation typically comes from participants recognizing that what they are doing is potentially dangerous and thus assuming responsibility for any outcomes that may result. Do liability waivers and agreements, however, protect companies in instances where they may have been negligent? 

A recent mid-air collision that occurred in Florida may serve as a good example of such a scenario. The accident involved two students from a flight school. Their aircrafts collided nearly head-on, killing both them and their instructors. This occurred despite conditions being favorable and visibility high. Following the accident, it was revealed that the plane carrying one of the student-instructor pairs was allowed to take off without first being warned that the other pair was already in the air and would be flying in the same general location and at the same altitude. Subsequent investigations into the flight school that owned the planes and employed the instructors showed that it had experienced numerous incidents prior to this latest tragedy. The school has since closed. 

When a sponsoring company or agency demonstrates negligence such as that shown in this example, the protection afforded by any sort of liability agreement would likely end. This could potentially free up the families of accident victims to pursue wrongful death lawsuits to help them deal with their pain and suffering. Those looking to take such action many want to enlist the services of an experienced attorney. 

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