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Defense attorneys try to limit liability in parasailing tragedy

READ MORE: Defense attorneys try to limit liability in parasailing tragedy
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Friday brought new information in an parasailing accident that killed two women in Ocean Isle Beach. Attorneys defending the parasailing company have filed a motion in federal court to essentially limit liability in the case. Ocean Isle Beach Watersports says its liability should be the same amount as the value of the boat the two women were on when they died. These are likely the last documents Cynthia Woodcock and Lorrie Shoup signed before they were carried over rough seas and died from what medical examiners determined as blunt trauma. But like all extreme sports, the fine print has some risks attached to it. "Having read the fine print, the operator of an inherently dangerous activity still has a duty, in my opinion, to give some proper instructions on what to do,” said attorney Duke Lineberry. Lineberry is not connected to this case, but he explained "assumption of risk," which typically applies to anyone choosing to take part in an extreme sport. Lineberry said because the deaths of happened in the water, it's now a federal case; that means, state laws like assumption of risk, don't apply. "Skydiving, hang-gliding, parasailing, jet skis, skateboard park, the kinds of things where people know you can get injured doing those things, that's the defense available to them, because the person engaging in and inherently dangerous activity should know or does know, that they could or would be injured,” He explained. Ocean Isle Beach Watersports wants its liability in this case, to be set as the amount of money it believe its boat is worth. An attorney representing the families of the women killed, says $100,000 does not cover the death of two people, plus a significant amount of emotional stress for their survivors. A request for this liability limit can be refused in federal court, if there is proof that the parasailing company knew about the risks that ultimately caused the death of these two women.

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"Knew or should have known"

One thing stands clearly above other things in this case. The Captain of the vessel "knew or should have known" there was a small craft warning that day. If he pilots a vessel, and is a professional, this information should have been known. An argument could be made about poor judgment operating that day. Very tragic story.

Yeah, That maybe what it

Yeah, That maybe what it means, but it will not stand up in a court of law........

Fine Print

People, always read the Fine Print... Once you sign you are accepting all the risk..

I dont understand how the

I dont understand how the value of a boat has anything to do with the liability of this case.I guess this means if im in a car accident and my car is only worth 650.00 then im only liable for that amount.This doesnt make any sense.

Don't make me laugh!

You've GOT to be kidding! Para-sailing is hardly an "extreme sport" unless the operators take extreme risks with their customers. Anybody who thinks the McMullans' liability will be limited to the cost of their boat must be on drugs. Those women died a horrible death while their loved ones suffered the trauma of watching it happen. All because of the macho attitude of mackerel-headed businessmen who put money ahead of safety. When this is over, the families of those victims will certainly own the boat...along with the Gagging Maggot restaurant and the fishing center. As well they should...

Parasailing accident

WHY in the world did these women go on this adventure on this windy day we will never know. It is up to our own selves to check the weather in detail along with the boaters and company checking the weather. I knew it was a bad day for that kind of activity. The second I heard about this on the news I thought... what were they thinking or were they thinking ? So sad for the families. Hey people, common sense check the weather before you make up your mind. Go on the internet watch the news etc.

You would think that someone

You would think that someone would check the weather. But, as a vacationer here I would think that the so called professionals that own the business would know when it was safe and when it wasn't. But, also as most of us know here, the owners don't care. A dollar is a dollar and that's all that matters. This is not the first incident with this company and may not be the last. But, as an Insurance Agent I can tell you that when the judge hears this case, and he will. It is not going to matter what they signed before they went up and as far as the liability at $100,000. What drug are they on and where can I get it. Get real the cost of the boat does not make a flip... How can you compare a boat to two womens lives? All I know for sure is if the judge has not been paid off already and has no dealings with the owners of this business, they better get out their hip boots, because it is going to get deep. They have got to have better liability than $100,000. You couldn't even open a business of that type with $100,000 liability, are you kidding me? Also, I would love to know if the waiver they signed states "Oh and if we decide to slam you into the Ocean Isle Beach Pier you have no rights to justice." Probably NOT in that contract.... Can you put a price on a human beings life??? Apparently they think so!!! Sickening and Disgusting!!!!!!!!!!! My prayers are with their families and I hope they do not judge our community for this total stupidity....

Parasailing Accident

This probably applies to commercial aircraft, passengers should check the weather before boarding in case the plane crashes. The pilots, weather people, control tower operators would deny all liability. Hey I got a better one.. Lets take the operators and owners of the parasailing company out on a windy day and let them try their luck. I know their value should be limited to a 50K dollar boat.

They made the mistake...

of putting their trust in an imbecile captain who's only real responsibility was to the all-mighty dollar!

To the poster named "The

To the poster named "The Truth Hurts"..just for your info....they do NOT own or run the Giggling Mackerel resturant. The space is leased out to some one else. I am sorry for the families involved of those hurt. I know the McMullen's well and they are good, hard working people who would never put a dollar before a persons life. Brant and Barrett are well respected people in the fishing and business industry. Things happen and unfortunately people died. If I were planning on going parasailing and I knew the weather could get bad, I would have watched the weather before I made an appointment to go up. It is also partly their fault for not watching the weather.