Premises Liability: Zipline Accidents

How Common Are Zipline Accidents In Colorado?

According to an article in the Denver Post, the number of zipline injuries in the United States increased from a few hundred in 1997 to more than 3,600 in 2012. During a 15-year study conducted by the American Journal of Emergency Medicine, it found 16,850 people were injured during the study period, which is the equivalent of three injury-causing zipline accidents per day. 

Here in Colorado, the Division of Oil and Public Safety’s Office of Amusement Device Safety Programs took over regulating zipline operations in 2013. From 2013 through 2019, the agency received 13 injury reports on ziplines. The agency has also issued fines totaling $13,000 to owners and operators.

Common Zipline Injuries: What You Need To Know

While ziplining can be a thrilling and exhilarating experience, you do need to be aware of the inherent risks and potential injuries, which could include:

• Sprains and strains
• Cuts, scrapes, and abrasions
• Fractured and broken bones
• Concussions
• Traumatic brain injuries (TBIs)
• Neck, back, and shoulder injuries
• Scarring and disfigurement
• Loss of limbs
• Wrongful death

How Zipline Accidents Happen: Factors That Contribute To Injuries

Some of the factors that could result in a zipline accident include:

• Equipment failure: The braking mechanism does not work, the harness breaks, the trolley cable snaps, or the carabiner and safety line malfunction. 
• Operator error: The operator fails to instruct the rider on how to use the braking mechanism, or fails to check the harness is secure. 
• Maintenance issues: The operator fails to keep up with regular maintenance and safety checks on equipment and the zipline course. 
• Sending riders too fast: The operator sends riders down the zipline too fast where the previous riders have not yet cleared the course.
• Not inspecting the zipline before using it: Operators should inspect each zipline on their course to look for fallen trees, or other safety issues. 
• Operating the zipline during inclement weather: High winds, thunderstorms, and other inclement weather can increase the risk of ziplining accidents and injuries. 

Your Legal Rights After A Zipline Accident In Colorado

All zipline attractions in the state require riders to sign a liability waiver acknowledging the risks. The waiver is used to educate riders about the attraction’s potential dangers. However, some operators also include a section stating they are not liable in the event of an accident, even when they are negligent. 

Even if you signed a liability waiver, you can still be entitled to file an injury claim against the owner, operator, or other responsible party. If it can be established the operator was grossly negligent, or the waiver was not written correctly, you can still seek damages. There are also options to seek compensation from other parties, such as manufacturers and equipment suppliers. 

After a zipline accident in Colorado, you have the legal right to seek compensation for your injuries under premises liability laws, including:

• Medical expenses
• Loss of income
• Pain and suffering
• Loss of consortium
• Disfigurement/scarring
• Reduced quality of life 

Premises liability laws require property owners to ensure people are kept reasonably safe while on their property. Part of the responsibility regarding zipline operations is ensuring the attraction and equipment are free from any known hazards and well-maintained. 

The Importance Of Acting Quickly: Statute Of Limitations For Zipline Accident Claims In Colorado

After being injured in a zipline accident, it is imperative you act quickly to protect your legal rights. The statute of limitations in Colorado for filing an injury claim for a zipline accident is two years. However, it is never a good idea to wait until the statute of limitations is about to expire for these reasons: 

• The evidence to support your case can become more difficult to obtain, or could have been destroyed.
• The owner or operator and their insurance company will fight more aggressively against your claim using various defenses because you did not file sooner.
• Locating witnesses and having them recall events is more challenging.
• The owner or operator may have gone out of business.

Instead, to ensure you obtain a favorable settlement, contact a personal injury attorney at our Colorado law firm as soon as possible.   

Why You Should Contact Bachus & Schanker After A Zipline Injury

Pursuing a premises liability case against a Colorado zipline operator is challenging and complex. Attempting to obtain a settlement on your own can be stressful and overwhelming because the insurance company will deny your claim initially because you signed a liability waiver. 

Some of the reasons you should contact Bachus & Schanker after your zipline injury include:

• We provide a complimentary case evaluation and consultation.
• We take cases on a contingency basis, as we believe everyone is entitled to expert legal representation to ensure they receive a favorable settlement.
• You do not have to pay any legal fees until we have obtained a settlement or won at trial.
• We are caring and compassionate.
• We provide support, guidance, and the assistance you need, so you can focus on healing and recovery, and not dealing with the insurance company.
• You will have a dedicated lawyer assigned to your case with support from our entire legal team.
• We have decades of experience, and aggressively advocate for our clients to achieve successful results.
• Our law firm specializes in personal injury law.

Protect Your Rights And Seek Justice After A Zipline Injury Now

After a zipline injury, even if the owner or operator is saying they are not liable because you signed a waiver, it does not mean you have legal rights to seek compensation. There can be several different options available for victims of Colorado zipline accidents. Request your free case evaluation for honest legal advice, and see how we can help you seek the justice you deserve.  

Related Premises Liability Resources