Earlier this month, a federal appellate court issued a written opinion in a case discussing a crucial issue that arises in many Florida personal injury cases. The case required the court to determine if the defendant insurance company could be named as a responsible party.
The facts of the case are not complicated, but the relationships between the parties are a little confusing. According to the court’s opinion, a girl was visiting a resort while at a Bible camp. The church leased several conference rooms from the resort. The resort had various other amenities, including a zip-line. The lease between the church and the resort did not mention the zip-line.
The young girl and a few friends decided to go zip-lining during some downtime. The girls had to sign release waivers and pay an additional fee. Unfortunately, while the girl was on the course, a resort employee forgot to clip the girl’s carabiner to the line, and she fell 50 feet. The girl and her family filed a personal injury case against the resort.