Question on the legal end of accidents

[H2Andy]

the requirements for waivers and the applicable laws vary widely from state to state, as do the effects of waivers, what the waiver is for, what does it waive, and what does it not waive

you need to be familiar with the laws in your state to give meaningful advice


also, while in criminal law the burden is "beyond a reasonable doubt" (translates to about 90% certainty), in a civil suit all a jury had to do is find you did what the Plaintiff says you did by a "preponderance of the evidence;" that's exactly 51%.

WestTexDiver is right that most states do not allow waivers for "gross negligence."
however, most do for simple negligence.

as i said, i'd rather defend with a waiver than without. it is an affirmative defense, and i'd hate to give it up.

please consult a lawyer in your area for a definitive answer

 

[Rick Inman]

this is not intended as legal advice. please consult an attorney in your area qualified to practice in this area of the law.

Want us to sign a waiver on this?

 

[Rpeiffer]

So you can get a waiver signed....maybe it works..maybe it doesn't. You then have to have any and all guests sign a waiver, that doesn't sound very convenient to me nor would I want to make that request to my guests.

The easiest and best solution is to have enough liability insurance. If you have any significant assets you would want to consider a "personal umbrella liability" policy. It would extend coverage for all of your personal liability exposures (vehicles, home, boat etc.) and can be purchased in increments of 1 million dollars. It's not all that expensive either.

 

[H2Andy]

Want us to sign a waiver on this?

The easiest and best solution is to have enough liability insurance. If you have any significant assets you would want to consider a "personal umbrella liability" policy.

excellent advice

i'd still do the waiver if you're taking people out on your own boat, even free of charge.
a clever lawyer can easily turn that into additional duties for you.

guys, you want to dive off my boat? you need to sign the waiver. it *may* just get you out of court quickly.

 

[Rpeiffer]

excellent advice

i'd still do the waiver if you're taking people out on your own boat, even free of charge.
a clever lawyer can easily turn that into additional duties for you.

guys, you want to dive off my boat? you need to sign the waiver. it *may* just get you out of court quickly.

Not being a lawyer (disclaimer!!) my understanding is you cannot contractually waive your duty of doing what the "reasonably prudent person" would do in any situation. So imho, the waiver would be of very little value. Combined with the belief of how odd that would make me look to my guests, I would never consider having a waiver signed for this situation. If I have enough insurance coverage....hey, sue me all you want.
Just my thinking on this subject.

 

[H2Andy]

Not being a lawyer (disclaimer!!) my understanding is you cannot contractually waive your duty of doing what the "reasonably prudent person" would do in any situation.

yeah, you can. that's what a waiver is.

Combined with the belief of how odd that would make me look to my guests, I would never consider having a waiver signed for this situation.

sure. just be aware that you are throwing away a potentially powerful weapon.

 

[Thalassamania]

1.) has anyone ever heard of someone getting sued by friends for an injury off a private boat resulting from a diving acident? .

Never heard of if happening, but that does not mean that is has not happened.

2.) does a release exist that is worded for a private boat taking friends out diving? .

Since this would relate (potentially) to both state and admiralty law, if I needed it, and wanted to get it right I’d start with something from one of the larger agencies and then get it reviewed by someone who understands both state and admiralty law.

3.) If I decided to use such a thing, how do you suddenly tell all you're friends, hey, you can't dive with me anymore unless you sign this everytime we go out? .

Just do what everyone else does, say, “my insurance requires that …”

 

[Teamcasa]

Call your lawyer. Have insurance. Don't take legal advice from us!

However, your best defense is your own actions. Don't do or allow stupid things on your boat. Be diligent about safety procedures. It’s rarely the safety minded person that gets into trouble. It’s always easier to defend a client that has all of his paper work in order and has followed all of the safety rules.

Remember, in court, “He, who is best documented – wins.” DAMHIKT

Dave

 

[rmarrs]

I know this isn't exactly prudent to the situation, but it is an example of the flaws in the legal system.

My grandmother-in-law loaned her car to her grand daughter (cousin of my wife) so she could go on a date. The date went horribly, and she wound up going to the bar. She got drunk, fell asleep in the parking lot. The police woke her up, told her to go home, and wound up being ticketed for loitering and threatened to be arrested if she didn't drive the car home. She drove home, and hit and killed a pedestrian. My grandmother-in-law was sued for everything she had, and they won. She was in retirement, she had a few investment properties in Texas that had to be sold, she sold her house, cashed out her retirement and is currently in bankruptcy to pay these people. They are suing her again. She has nothing left to give, but they are "taking blood from a stone". I understand they lost their daughter, and I am incredibly sorry for that. She had nothing to do with the accident aside from loaning the car to her granddaughter. Her granddaughter is the one who should be liable for the accident, and if you ask me, the officers involved in the incident should have some liability for this as well.

If it were my boat, I wouldn't have a problem making someone sign a waiver. I might even go to further lengths than that.

 

[H2Andy]

rmarrs, why didn't your grandmother's car insurance policy cover this?

why didn't she bring a third-party claim against her granddauther and the police department?

what are they suing her again over?

(unfortunately, US law has long held car owners liable for the damages caused by people they loan their cars to ... don't ask me why ... that's the law)