Legal Question in Personal Injury in Maine

activiy releases

Can you ''sign your life away''? A friend went on a parachuting trip and was killed. His family talked to the company and they stated that the decedent had signed a release and, although they were very sorry for the tragic loss, they were not responsible, because 1. parachuting is an inherently dangerous activity, and 2. he signed a release stating that the company wasn't responsible.

Can you actually sign your life away in a release like that?

oh,... the company is in maine, and the decedent lived in RI. His family is in RI


Asked on 6/06/08, 12:57 pm

3 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: activiy releases

Thank you for the important question. This sounds like a tragic situation. It is imperative that the family get a lawyer to investigate and carefully review the facts of the death and the Release. Under some circumstances a legal claim can be released by signing a document, however, it is not a black and white issue that just because a Release was signed there is no legal action against the company if they were negligent.

The lawsuit would need to be brought in Maine by a member of the Maine Bar.

There is a 2 year limitation on filing wrongful death lawsuits in Maine, so it is important to investigate promptly.

I conduct wrongful death cases as a regular part of my practice and would be willing to discuss further if the family would like to contact me privately.

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Answered on 6/06/08, 1:06 pm
David Marchese Drummond & Drummond, LLP

Re: activiy releases

I am very sorry that you lost your friend. I have handled several wrongful death claims on behalf of the decedent and their family. Insurance companies will typically do what they can to avoid paying these claims, so it is necessary to be a strong advocate. The company that took your friend parachuting can not legally require anyone to waive the negligence of their company. Such waiver forms may lead many people to believe that they do not have a claim, when in fact, a careful review and a thorough investigation (I us private investigators) may result in a sizeable settlement or judgment. I am happy to consult regarding this claim and evaluate whether there is a viable claim. I do not charge for my time in doing this. My only fee for services would come from any money that I collected on the claim. Please let me know if I can be of any further assistance, and please extend my condolences to the family.

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Answered on 6/06/08, 1:44 pm
David Slepkow Slepkow Slepkow & Associates, Inc.

Are releases effective in tragic accidents concerning dangerous activity?

I am writing in response to your inquiry concerning personal injury / wrongful death law. I am sorry for the tragic loss of your friend. This was a very tragic event. Your friend's family needs to consult with a Maine Attorney / Lawyer concerning whether the release will preclude a wrongful death claim and what legal options are available.

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Answered on 6/06/08, 2:13 pm


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