Waiver for diving on a private boat?

[scubamaverick]

I have recently moved to Fl and purchased a boat. I would like to take friends and people that I meet on SB /Meetup, etc diving. I think it is a good idea that I have them sign some type of liability waiver. There are other threads discussing this, but I did not find where anyone posted an example.


I am looking for an example of a dive waiver used on a private boat, preferably in the state of Fl.


Thanks in advance for anyone's thoughts or help on this.

 

[Tom Winters]

This comes up from time to time. I've never been on a private boat where the owner passed around liability releases. What exactly are you planning on doing with your boat anyway?

I just fail to see how if you're operating your boat in a responsible manner and you don't get too effed up on the sandbar how exactly you're going to be in a position requiring liability waivers.

But hey, it's your boat so you gotta do what you gotta do.

 

[tajkd]

This comes up from time to time. I've never been on a private boat where the owner passed around liability releases. What exactly are you planning on doing with your boat anyway?

I just fail to see how if you're operating your boat in a responsible manner and you don't get too effed up on the sandbar how exactly you're going to be in a position requiring liability waivers.

But hey, it's your boat so you gotta do what you gotta do.

I don't agree at all. Even friends can turn on you if something happens. If there is an accident, even if the diver is completely responsible, do you really think he or his family won't sue? I'd get the waiver and make SBers sign it.

On that, I'd really pay a few bucks for a local attorney to draft one. Laws are different in every state and I wouldn't count on something you copied from the internet.

 

[scubamaverick]

My thought is that if a diver has a heart attack at 60ft and dies, his family can / will sue regardless of how well I know the diver.

I plan to take a few friends out wreck / reef / drift diving in S FL. Nothing extreme and no tech. Regardless of how safely I run the boat, accidents and medical emergencies can happen.

I would like to have an existing waiver that someone uses that I could then edit or have an attorney review.

 

[Wookie]

On that, I'd really pay a few bucks for a local attorney to draft one. Laws are different in every state and I wouldn't count on something you copied from the internet.

Starting with something copied from the internet is a good way to start, but you really do need a local liability lawyer to tell you what needs to be what font size, where the all caps need to be, whether venue clauses are allowed, as well as separation clauses, where it needs to be bold, whether you need initials at each paragraph to be enforceable, all of those things. At $400 an hour, plan on spending a couple of grand for a waiver that is enforceable in your neck of the woods. With that said, a waiver is only as good as the lawyer who writes it and the lawyer who defends you and the insurance company who pays for that defense.

Oh, didn't think about that? Even if you have an ironclad waiver in a waiver friendly state, it's gonna cost you $20-50k to get a lawsuit dismissed. The good news is, you might be in one of those places where you can countersue the plaintiff if you do in fact prevail and recover your cash outlay. If they have any money, and you can stand to face them after their spouse died diving from your boat and they sue you and all of the mental anguish caused.

 

[redacted]

Don't you also think you might want a waiver if you give someone a ride in your car, have diner guests, or buy a friend a beer?

 

[Wookie]

I would like to have an existing waiver that someone uses that I could then edit or have an attorney review.

You can get such a waiver from my website (it's Florida specific), Aggressor fleet's website, Explorer Ventures website, any number of dive operators who run small boats, etc.

Most of the training agencies make it available also.

 

[scubamaverick]

Don't you also think you might want a waiver if you give someone a ride in your car, have diner guests, or buy a friend a beer?

Is that the response you give to every dive opp that presents you with a waiver to sign? To a widowed spouse, my boat and a cattle boat from a large dive opp are the same.

Sarcasm helps no one.




---------- Post added September 16th, 2013 at 09:56 AM ----------

Wookie - Thanks! Very helpful. And you are correct. Nothing is iron-clad and a defense is only as good the attorneys involved.

 

[muzikbiz22]

I just fail to see how if you're operating your boat in a responsible manner and you don't get too effed up on the sandbar how exactly you're going to be in a position requiring liability waivers.

Because people will be people. People have family. Families have attorneys. Attorneys have nothing better to do.

I make it clear when ANYONE comes on my boat that it is "enter at your own risk", and they do sign a waiver, (even my mom), because "things happen". My boat is maintained, in perfect working order, and I am all about Safety & Responsibility. But still, things happen.

 

[redacted]

Is that the response you give to every dive opp that presents you with a waiver to sign? To a widowed spouse, my boat and a cattle boat from a large dive opp are the same.

Sarcasm helps no one.

It is quite different twhen someone is being paid for a service.

I meant no sarcasm. The same rational that has you have folks sign waivers in this type situation should have you signing waivers in other similar situations. I can see it now. Just a few minor changes and your personal dive waiver could also be used as your personal date waiver (OK, maybe that was sarcastic).

Do you really see your car and your dining room table as something different?

BTW, I doubt if your waiver has any legal effect on the widowed spouse who is suing for her losses. Or do you require spousal consent also?