Validity of bodily injury liability waivers

[Tony387]

You're welcome. I will be honest, as a criminal lawyer, I haven't spent a lot of time thinking about this. Do your research and let us know what you find out.
I'm sure there are some plaintiffs' attorneys on SB...maybe they can offer some insight.

 

[Wookie]

My insurance company is happier now that I operate in Florida, as Florida is considered "Waiver friendly". Texas is considered by Liability insurance companies to be "not waiver friendly".

B Lo, I was friends with DeWolf as well as Kohler, M/V John Jack, Oceanic Ventures, and Eric Kiebler. I am more than happy to discuss with you what I know of the case, but it would be heresay. I can't tell you what I was told in confidence (very little), and I do not desire to type a ton. I was not in the courtroom, but I was told that the jury did see the waiver. The lead council for the insurance company, which is also my insurance company, is David Concannon, who will be writing my waivers. I have a great guy in Texas who no longer writes them, because I am no longer in Texas. David has successfully defended every rebreather liability case in the US that have come to trial.

 

[FinnMom]

"It's spelled out for the diver, so if they choose not to read it, like Finnmom, and they do sign it, it's on them."

Until now I have not participated in this thread. Don't know how the heck I got mentioned for foolish behavior.

 

[Wookie]

"It's spelled out for the diver, so if they choose not to read it, like Finnmom, and they do sign it, it's on them."

Until now I have not participated in this thread. Don't know how the heck I got mentioned for foolish behavior.

How did I confuse you with Redshift? I am so terribly terribly sorry.

Obviously I looked at where he was from. Aren't you all the same person? Don't you know each other? You must know everyone in Finland, don't you?

Again, I'm very embarrassed.

 

[Adventure-Ocean]

We had visiting friends and family sign a waiver at the university I worked. We were told it was worthless if anything could be considered our negligence and almost worthless otherwise. Adventure-Ocean

 

[B Lo]

Started pulling cases from the PDF linked earlier in the thread. 802 So.2d 420 (2001) is not Goeden v. CM III, Inc., as listed in the document but rather Gold v. Gold, a case with merely PCA in lieu of an opinion. Heck, Lexis will get some use today.

 

[JohnN]

My insurance does not cover me if the waiver is not properly filled out. It's in the terms and conditions on the front of the policy. It also doesn't cover me if I do something illegal. That includes violation of my USCG COI.

I'm not a lawyer (and haven't stayed at a Holiday Inn recently), but my understanding is that a liability waiver is not binding on your heirs.

 

[Ayisha]

Here is a thread about a case involving a liability waiver on Catalina Island: http://www.scubaboard.com/forums/sc...sued-divers-death-catalina-island-2005-a.html

From what I understand in Canada, you can't waive away gross negligence or the right of heirs to sue.

 

[Wookie]

I'm not a lawyer (and haven't stayed at a Holiday Inn recently), but my understanding is that a liability waiver is not binding on your heirs.

A liability waiver is not binding on anyone. No one gives up their right to sue, even if they sign a piece of paper saying they do. The waiver isn't meant to stop someone from suing, it's to stop them from winning. The first thing the plaintiff's lawyer will do is try to get the waiver thrown out. Failing that, they will try to get certain clauses separated. Failing that, they will try to move jurisdiction someplace friendlier to plaintiffs (in my example before, Texas is more friendly to plaintiffs than Florida).

My waiver says that if you do sue me, you will sue me in federal court in Key West. Now really, are you going to sue me in Key West, my home town, where the mariner always wins against the out of towner, or will you sue me in Virginia state court, (if you happen to be from Virginia), where waivers are rarely upheld. Of course, I have no assets in Virginia.....

 

[B Lo]

While you may generally limit potential suits to courts which would have jurisdiction over your place of business, I am far from confident that you can insist on all claims being heard in federal court. In fact, I'll go the extra step to say I would very much doubt that is universally enforceable. There are torts based solely upon Florida statutes that a federal court, in any state, would be extremely unlikely to hear absent one or more federal claims also being pursued.

Moreover, neither a plaintiff's lawyer nor a defense attorney are able to have jurisdiction moved to a friendlier locale if there is nothing to provide that court with jurisdiction. If I incur a loss in Florida and wish to sue a Florida company with owners, employees, and a registered agent also all in Florida, without any ties to Texas, I would have a very hard time having the matter moved to Texas. In fact, you might have a basis to pursue attorney's fees for having to defend against an unquestionably frivolous motion to change venue.

Jurisdiction is normally based upon where the defendant resides or where the act giving rise to the claim took place, not where the plaintiff is from. The other attorney who commented on this thread is welcome to comment if he believes otherwise.

Lastly, some liability waivers are binding. The basic defenses are likely (1) waiver and (2) estoppel. Depending upon the circumstances, these may be sufficient to stop the matter from ever going to trial. The question is whether these SCUBA waivers are binding and, if so, to what extent.

A liability waiver is not binding on anyone. No one gives up their right to sue, even if they sign a piece of paper saying they do. The waiver isn't meant to stop someone from suing, it's to stop them from winning. The first thing the plaintiff's lawyer will do is try to get the waiver thrown out. Failing that, they will try to get certain clauses separated. Failing that, they will try to move jurisdiction someplace friendlier to plaintiffs (in my example before, Texas is more friendly to plaintiffs than Florida).

My waiver says that if you do sue me, you will sue me in federal court in Key West. Now really, are you going to sue me in Key West, my home town, where the mariner always wins against the out of towner, or will you sue me in Virginia state court, (if you happen to be from Virginia), where waivers are rarely upheld. Of course, I have no assets in Virginia.....