A popular Jamaican resort has settled a fatal personal injury accident case, agreeing to pay the family of Jarred Smith $6.5 million. Smith of Erie, Pennsylvania was killed in July 2006 while playing on an Aqua Jump water trampoline at the Beaches Sandy Bay hotel in Negril, Jamaica. Smith and his family were at the hotel to attend a wedding.
According to Ceola Smith, the young man’s mother, Jarred was jumping on the water trampoline when he dove headfirst into the surrounding water. Although Aqua Jump instructions require 10 feet of water for safe use, the resort had situated the water trampoline in water that was only four to five feet deep. Jarred struck his head on the bottom of the seafloor which rendered him quadriplegic. Unable to move, the young man drowned.
Personal injury attorneys arguing wrongful death on behalf of Jarred’s family argued that the resort had been negligent in failing to locate the water trampoline in accordance with safety instructions, failing to provide written instructions to guests concerning safe use of the water trampoline and failing to provide an appropriate flotation device which Jarred’s mother believed would have saved her son’s life. Attorneys for Sandals Resorts International countered by questioning whether the young man had actually struck his head on the seafloor and arguing that the trampoline was designed defectively.
This case points out the complex arguments involved when serious personal injury accidents occur and responsibility for horrendous injuries or death must be assigned. Striving to decrease their client’s liability, attorneys for the resort questioned whether the young man’s injuries and subsequent death were indeed caused by his dive off the trampoline. They also sought to defuse liability by charging the maker of the trampoline with defective design. As a Philadelphia Injury lawyer it is important to explore all possible avenues of recovery to make the victim whole.
Personal injury accidents demand experienced and aggressive representation by skilled Philadelphia personal injury attorneys to ensure that personal injury accident victims and their families are compensated for their losses.