Skydiving is on a lot of people’s bucket lists nowadays. They often buy tandem skydives for birthday celebrations, or enjoy taking part in charity jumps. Whilst the majority of people who participate in skydives enjoy the excitement and adrenaline of the jump, sadly it can sometimes turn into a nightmare.

Although the risk may be low there is no such thing as a totally safe skydive or parachute jump. As with any action sport, skydiving can never be entirely risk-free.

Switalskis recently acted for a client who was injured doing a tandem skydive.

After a brief training session which included guidance on how to land our client and his tandem partner took to the sky and jumped out of the aircraft.

As our client descended towards the ground, his tandem partner  signalled for him to  assume the landing position. The descent was steep and fast causing our client to land heavily.

The law surrounding tandem skydiving claims

Skydiving is an inherently risky sport so there are legal challenges in dealing with these types of claims. A defendant may argue that you have voluntarily accepted the risks involved, and argue that on that basis a claim cannot be brought. A defendant usually argues that if you have signed a waiver document you have agreed to waive your right to bringing a claim.

If you do sign a waiver before a jump, this does not automatically prevent all potential claims. A claim may still be brought if an injured person can show that the defendant (perhaps the skydiving organisation providing the training and the jump) was negligent in their duty, and that their breach of duty is responsible for the injuries and/or damages suffered.

It was argued in our case that the defendant failed to properly deploy and control the descent of the parachute  to ensure a safe landing and failed to provide proper training and supervision of our clients tandem partner.

Injuries in these types of claims are often due to damaged or poorly maintained equipment, poor training and a general lack of health and safety awareness.

It is often argued by a defendant that the injured person consented to the risk of participating in the sport and placed themselves in a position of harm.

A voluntary assumption of risk can be raised by the defendant where the injured person making the claim can be shown to understand the risks and have voluntarily waived them. With Switalskis by your side we carefully analyse the evidence and where there has been a failure in training or on the jump, sometimes negligence can be successfully established. 

In the case highlighted, our client received over £50,000 compensation for his  tandem skydive sports injury claim.

Diane Parker, director and joint head of our the personal injury, said “Skydiving accidents could result in very severe injuries. Often clients are permanently disabled and unable to ever return to work. From our experience we have seen just how devastating injuries sustained in sporting accidents can be.

"It’s crucial to seek legal advice to understand your rights and options for pursuing a claim".

If you've been injured in any sporting accident, contact our professional team to find out what your options are. Call us on 0800 138 0458 or email help@switalskis.com.