Florida Governor Rick Scott signed into law new regulations on the parasailing industry, which has been beset with tragic accidents, some of them attributable to negligence, over the last decade.
The White-Miskell Act, which is named after two victims who died five years apart, amends a Florida law and requires parasailing operators to stop their activities when weather conditions make parasailing unsafe. Owners of parasailing businesses must keep a weather log and have equipment on their vessels to receive weather updates. The bill also requires commercial operators maintain liability insurance with a minimum of $1 million in personal injury coverage.
Senator Maria Sachs (D-Delray Beach), who sponsored the legislation, said “signing this bill into law is a clear signal that Florida cares. The safety of Floridians and the many tourists who visit our state is paramount, and this law will hopefully prevent parasailing tragedies such as we’ve seen.”
Attorney Debi Chalik of Chalik & Chalik, which represented victims in such accidents, added that she was “very pleased to see this legislation finally enacted. There is certainly more to be addressed — we’d like to see regulations on equipment maintenance — but this is a big win for public safety.”
The measures in the act will not go into effect until October of this year, giving parasailing operators time to meet the new standards.
Had the legislation passed earlier, it would have prevented the accident of Chalik’s client — 17-year-old Alexis Fairchild of Huntington, Ind.
On July 1, 2013, Fairchild and her friend Sidney Good of Roanoke, Ind., went up in tandem when strong winds snapped their parasail free from its boat below. Witnesses watched in horror as the girls were flung across the shoreline, smashed into a nearby condo rooftop and were dragged into a power line, before plunging into cars parked below.
A video of the accident is here: http://www.youtube.com/watch?v=ZTc-xZTs1xE
Fairchild’s family ultimately filed a negligence lawsuit against the parasailing company, its owner and the hotel that operated the excursions.
“Aquatic Adventures Management Group, which operated Why Knot Parasail, not only ignored the fact that weather conditions had deteriorated, but failed to operate the boat a safe distance from shore,” said Chalik at the time the suit was filed.
Aquatic Adventure’s owner Jeff Jones and Treasure Island Resort Rentals, Inc., also are named defendants. In addition to negligence, the lawsuit includes claims for loss of companionship as well as medical expenses.
Fairchild suffered broken bones in her spine, a serious brain injury and a skull fracture.
