Challenge Course Held Liable Despite Signed Waiver at Recreational Adventure Course

In a notable case handled by Los Angeles personal injury attorney Christian Amendt, a woman was severely injured during an accident at a recreational challenge course. Despite having signed a liability waiver acknowledging the risks of the activity, including potential equipment failure and negligence, Mr. Amendt successfully argued that the incident involved gross negligence, which voided the waiver’s protections.

The accident occurred when the crew prematurely stopped the woman on the challenge course, causing her to slide backwards. While she was still on the course, the crew at the starting point released another participant too early, without ensuring the first participant was safely out of the way. The second person collided with the woman at an estimated speed of 10-15 mph.

As a result of the collision, the woman suffered multiple serious injuries, including a broken arm that required the insertion of a nine-inch pin in her humerus bone. The surgical repair also involved cutting and reconstructing her rotator cuff tendons. Additionally, she sustained nerve damage from her neck down to her pinky and ring fingers on her left arm. The trauma of the incident left her with PTSD, particularly distressing because she believed the other participant might have died.

Despite the initial challenge posed by the signed waiver, Mr. Amendt’s argument of gross negligence prevailed, leading to a settlement of $450,000. This case highlights the importance of holding operators accountable for ensuring the safety of participants, even when liability waivers are involved.