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Parasailing industry avoids regulation

PANAMA CITY BEACH — A proposed law that failed to pass during the most recent legislative session might have prevented an incident Monday that left two Indiana teens in critical condition.

At least six people have died and dozens of others have been injured in Florida as a result of parasailing crashes, according to the Florida Fish and Wildlife Conservation Commission.

Ira Leesfield, a personal injury attorney from Miami, has won settlements in the millions of dollars for survivors of parasailing crashes or their families, and unless his efforts to convince legislators to regulate the industry are more successful, he expects to collect millions more.

“You don’t get injured a little bit in parasailing accidents,” Leesfield said. “The injuries are catastrophic.”

Alexis Fairchild and Sidney Good, 17-year-old tourists from Indiana, were captured on video after the line between their harness and the boat that pulled them snapped and left them subject to the whims of the wind. The footage shows them smashing into a condominium. It doesn’t show them hitting the power line — or caving in the roof of an SUV before they hit the ground.

Despite some lawmakers’ efforts to pass bills that would restrict who, how, where and when operators can entertain their clients, the parasailing industry remains largely unregulated.

Operators are not required to have certification or training, and there are no requirements for equipment inspections or suspending outings in dangerous weather conditions. Operators aren’t required to carry insurance, which means plaintiffs who sue them have a difficult time recovering meaningful awards, Leesfield said.

“We’ve collected millions, but it’s not easy,” Leesfield said. Regulations would make it easier to sue violators, Leesfield said, but “the most important thing is there would be no injuries.”

Leesfield said the tourism industry balks at safety regulation and insurance requirements, and the industry has a powerful lobby in Tallahassee.

“The equipment is not inspected,” Leesfield said, speaking generally about parasail operators. “The operators aren’t certified. They’re not trained.”

Under the current industry stands, Leesfield said, anyone with a boat, a chute and a line they think is strong enough to keep people in the air can start charging $90 or more for a parasailing trip.

“It’s a very fly-by-night operation,” Leesfield said, “and we’re trying to make it not fly-by-night.”

 

Aquatic Adventures

Consider the case of Aquatic Adventures, the parasailing business Alexis Fairchild and Sidney Good were using when they crashed.

If Aquatic Adventures were to be sued for what happened Monday, it would not be the first time the company has faced a negligence lawsuit. The company settled a lawsuit with a woman who claimed Aquatic Adventures rented personal watercraft to an intoxicated man who proceeded to run her over. She collected $650,000.

There have been at least two other negligence lawsuits involving parasailers who claim they were injured on outings with the company. The company has been a defendant in more than a dozen lawsuits in Bay County and judges have held owner Jeff Jones in contempt for refusing to follow orders and issued warrants for his arrest at least twice.

In one incident, according to the suit, two sisters had been up for about 15 minutes when the weather turned and winds pushed them in front of the boat. The captain and crew didn’t see them waving for help before they plunged 40 feet into the water, the girls claimed.

The suit alleges, among other claims, that Aquatic Adventures and Jones are liable for “negligently creating a financial incentive for its agents, employees, contractors and/or operators to continue to provide parasailing in the face of unsafe weather conditions.”

Tyler Churchwell, the captain of the vessel involved in the incident Monday, has declined to comment.

Repeated attempts to reach Jones by phone and at various Aquatic Adventures locations were unsuccessful last week. A man who answered the door at the business repair shop said Jones would not be available for several days because he was busy in meetings.

On Wednesday, Jones released a written statement saying he would have no comment since the investigation is ongoing.

“Our heartfelt sympathies go out to the families of the injured girls and we all pray for their speedy recovery,” wrote Jones. “While we adhere to best practices to minimize the risks associated with watersport activities, sudden weather conditions can and do occur.”

Court records paint a picture of a company with money problems.

According to records obtained by The News Herald, the company has been sued successfully for breach of contract several times. Bay County has sued for unpaid taxes; the company owes more than $7,500.

In 2007, one of the company’s former landlords sued successfully and won a judgment of more than $55,000 plus interest. In 2005, a company that made a deal to sell 20 electric vehicles to Aquatic eventually won a judgment for more than $100,000; Aquatic failed to repay more than $28,000 on a loan and was sued.

Judgments against Aquatic have been ordered for the companies that claimed they never got paid for tires and electrical work.

Aquatic Adventures is cooperating with an FWC investigation into Monday’s incident, spokeswoman Karen Parker said. She expected it to take awhile.


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