Colorado Rafting Outfitter Says Waiver Means It’s Not Liable for Death

August 21, 2018

A Colorado rafting company says it can’t be held responsible for the 2016 death of a Maryland man because the victim signed a waiver before entering the boat.

Aspen Whitewater Rafting filed a counterclaim Aug. 8 in the U.S. District Court of Denver in a lawsuit brought by Allison Parker accusing the outfitter of negligence and fraud.

Parker’s 58-year-old husband, James Abromitis, died June 15, 2016, after being ejected from a boat during a rafting trip on the Roaring Fork River.

The Aspen Times reports the outfitter noted that both Abromitis and Parker signed a release that included an agreement not to sue for any loss or injury.

The counterclaim contends Parker committed breach of contract by filing the suit and should pay expenses associated with the litigation.


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Latest Comments

  • August 24, 2018 at 3:08 pm
    Martin says:
    Retired Risk manager.. That could very well be true.... But if the paintball arrangers had a bad face mask then they would be culpable because of their faulty equipment. I agr... read more
  • August 23, 2018 at 1:53 pm
    Working Claims Manager says:
    Retired, the example of the paint ball to the eye is exactly what SFL is talking about. Shooting paint balls is an inherent part of paintball games. An eye out is an expected ... read more
  • August 21, 2018 at 5:19 pm
    SWFL Agent says:
    All great points Retired and I would typically agree that a release should be a valid contract. I've signed plenty over the years. The waiver may not absolve the rafting compa... read more

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