Reponsibility of a dive charter boat??

[tom wicker]

Since the passenger (scuba diver) WILLFULLY and KNOWINGLY exited the dive vessel, and did so under the existence of a lawfully negotiated and artfully crafted liability waiver, our attorney had some doubt as to if the boat captain EVEN HAD A DUTY to reboard the passenger that left "willfully". It was their feeling that the passenger, in leaving the boat willfully, cleared the operation of the admirality prohibition against requiring passengers to waive liability, since anything that happend thereafter did not directly involve the vessel. They surmised that a good argument could be made that the vessel had no direct obligation to reboard the passengers, and therefore might not be liable for leaving them., especially if the passengers had signed a liability waiver that outlined one of the risks as being "left at sea".

What do you think about that one?

Phil Ellis

I personally feel at ease you are from northern Alabama just for the simple reason It would be hard for me to stumble across one of your charters. The closest I come to your store is your web store which I do purchase from often on my spearfishing needs, but now you have changed my thoughts on your store as the other poster replied I also would never dive with you

As a business owner myself here along the coast I understand the needs of liability but I feel your pushing it a tad to far

 

[Web Monkey]

One of my first assignments as a clerk at a large law firm was to write an appropriate "peril" warning. We representing a fast food chain who was sued when a worker had a chicken fryer explode and one of the claims was that the client had failed to place an adequate warning on the fryer as to what would happen if you opened a pressure cooker full of hot oil without letting it cool. After reviewing the case law at that

From a software engineering point-of-view, if the fryer could be opened at any unsafe time, it was improperly engineered. How long would you tolerate a microwave oven that would continue to run with the door open, even if you opened it at the "wrong time"? Either the door needs to remain locked, or the microwaves need to stop.

Terry

 

[alcina]

A bit OT but this:

In re Kanoa, Inc., 872 F.Supp. 740 (D.Haw.1994), a scuba diver died when his lungs exploded from surfacing too rapidly without breathing

isn't particularly accurate. I would be very surprised if his lungs exploded.

Thank you for taking the time to post this information - it's been an interesting conversation so far!

 

[BHB ScubaTroll]

A bit OT but this:

isn't particularly accurate. I would be very surprised if his lungs exploded.

Thank you for taking the time to post this information - it's been an interesting conversation so far!

& why would you be surprised? 4 ft of water with full lungs on a scuba tank is all it takes...

 

[Cacia]

yes, I was curious about the precise definition of explode.

Blowing alveoli with volumes of expanding gas, ...pretty much fits the term. Air rushes out, blood and fluid rushes in....

And "implode"?? The little Pelican type credit card holder my GF had in her BC that popped inward at 120 feet so loudly we thought our burst discs had blown.

Liability fascinates and repulses me...it has gotten so contorted that I think it is a waste of time trying to guess what lawsuits will argue.

 

[Timeliner]

catherine96821

Hey `` A truely by chance meeting here
Glad to see the countdown to JB is at " 0 ' 'Bout time huh ??
Ahh.... "Solo No More ??? "

Cheers !!

 

[alcina]

My comment was more of an aside than anything as "exploded" has connotations that aren't usually as refined as catherine's description! There are more correct terms and I just thought they would be used in the legalities.

I get what can happen and where

 

[DebbyDiver]

Boatlawyer, thanks for posting your research. This has been a most interesting thread! My dive club has a release as well, and we've actually had members quit over it. That's OK, it is their choice.

p.s. I hope we get to dive again together soon. Are you going on the eDivers American Dream II trip October 21?

 

[Manqar]

Boat Lawyer thank you for the time of looking that stuff up and your insight on this subject :thumbs_up

 

[PhilEllis]

I personally feel at ease you are from northern Alabama just for the simple reason It would be hard for me to stumble across one of your charters. The closest I come to your store is your web store which I do purchase from often on my spearfishing needs, but now you have changed my thoughts on your store as the other poster replied I also would never dive with you

As a business owner myself here along the coast I understand the needs of liability but I feel your pushing it a tad to far

Wow Tom! Isn't that a little extreme? If you read my post, I didn't say a word about personally taking that position. I was repeating what attorneys had told me during a discussion of travel sponsorship liability. At the time they werre discussing it with me, I started laughing. I thought the whole idea sounded silly. In fact, I even laughingly told them that it was an absurd position and if it ever came to that kind of language in a release, I would just quite the business! Sometimes, attorneys come up with the most extreme of positions when brainstorming. I took this opportunity to raise it with boatlawyer because she posed the questions and is apparently quite skilled in the area. I don't own any boats, so I have no need to worry about admirality issues. Was just raising it as a continuation of a discusion. So, I am guilty by associaton with an attorney? lol. Anyway, thanks for your business and your views.

Phil Ellis