Get Your Dive Buddy Waiver Right Here! Red Hots! (ha)
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Everyone got serious and looked into the legal aspects. As a joke, I think the buddy waiver is funny!
OP
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Wrongful Death and Negligence are two distinct causes of action (although a wrongful death may result from negligence). I had a doctor bag once when I was 6, that doesn't make me competent to diagnose your heart disease. You state the proposition in a layperson's way (which of course is still endearing): of course you can't "waive a person's right to sue" (since anyone can sue anyone for anything at any time). The short version is this: it depends on the state law regarding waivers (lenient, moderate or strict) and whether or not the waiver was drafted correctly with respect to the level of review to be afforded. However, you can waive (for yourself, your heirs, executors and assigns, etc.) rights to recover (there's a big difference between being able to bring an action, and recovering damages in an action), and oftentimes people do (gavel falls, case closed).
OP
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K9trnr:
tadaaaaaaaaaaa....someone finally gets it!
minnesota01r6
Contributor
I thought it was funny too. I was just having fun until neal attacked me instead of the case I cited. Argumentum ad hominem, anyone? If you want me to use the lawyer speak, by all means I will.
First off: post # 19:
1) any first year law student should know that heirs only exist when someone dies intestate (without a will, incase you didn't know). If you leave a will, you have no heirs, you have devisees.
2) I never said "All waivers are ineffective" as you stated. I simply pointed out that NJ does not allow one to sign an exculpatory agreement that bars a wrongful death action.
3) Yes, the cite stated a waiver couldn't bar a wrongful death action. I guess I assumed you would want to avoid ALL liability for negligent behavior, including actions resulting in death. Since you failed to mention wrongful death in your waiver, I guess you wanted to be on the hook for that? If I were you, I might go back to the doctor thing - you might be more competent in that line of work with what you've shown so far.
Post # 24:
1) "waive a person's right to sue" - again, I was trying to dumb it down so that everyone could participate, but again with the lawyer speak: "exculpate from liability"
2) NJ actually appears to be an anomaly. I haven't seen any other states adopt this position on wrongful death actions. That being said, the waiver at issue was drafted correctly, the court just stated that as a matter of public policy, one cannot exculpate another from liability for wrongful death because of the strong public policy in favor of the statute.
3) Did you read the case? The only thing worse than a "headnote scholar" is one that has absolutely NO IDEA what the case stands for but still proceeds to lecture others on things outside the scope of the argument.
First off: post # 19:
1) any first year law student should know that heirs only exist when someone dies intestate (without a will, incase you didn't know). If you leave a will, you have no heirs, you have devisees.
2) I never said "All waivers are ineffective" as you stated. I simply pointed out that NJ does not allow one to sign an exculpatory agreement that bars a wrongful death action.
3) Yes, the cite stated a waiver couldn't bar a wrongful death action. I guess I assumed you would want to avoid ALL liability for negligent behavior, including actions resulting in death. Since you failed to mention wrongful death in your waiver, I guess you wanted to be on the hook for that? If I were you, I might go back to the doctor thing - you might be more competent in that line of work with what you've shown so far.
Post # 24:
1) "waive a person's right to sue" - again, I was trying to dumb it down so that everyone could participate, but again with the lawyer speak: "exculpate from liability"
2) NJ actually appears to be an anomaly. I haven't seen any other states adopt this position on wrongful death actions. That being said, the waiver at issue was drafted correctly, the court just stated that as a matter of public policy, one cannot exculpate another from liability for wrongful death because of the strong public policy in favor of the statute.
3) Did you read the case? The only thing worse than a "headnote scholar" is one that has absolutely NO IDEA what the case stands for but still proceeds to lecture others on things outside the scope of the argument.
More simple solution is to make sure the body is never found! In that way the argument can always be made that he hated his greedy kids, two timing wife, and mooching relatives, and is now living incognito on a beach in the south pacific having swum there from Lake Michigan!
Storm
Contributor
JimLap:
Can I get directions and the route he took, I'd like to do the same... think he had a great a idea.:lol:
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