New Lava tour out of Kalapana...

[punagirl]

As a claims adjuster I can assure you that you can still sue an attraction, tour operator etc even if you signed a waiver. It would be one of the defenses that the insurer will use but it doesn't mean much. A good plaintiff attorney will find a way to show gross negligence on the part of the insured, it really isn't that tough to do. Most claims are settled long before a suit is filed and if a suit is filed most of those are settled before trial. In fact, once about 2.5% of lawsuits filed in liability claims every make it to a jury. There are many economic reasons for settling them, regardless of liability, far in advance of trial. Many times I pay large amounts of money to settle a claim and the insured is furious because they were not at fault. However, it isn't the insured's decision. The carrier will settle to avoid expensive litigation cost and we don't like to roll the dice on what a jury might do, especially these days.

Atlanta/Pahoa