Waiver and Liability

[scb007]

Theoretial situation: A person is on vacation decides to try diving for their first time on an escorted, no certification necessary dive. The waiver from the dive shop says something like "if you answered 'yes' to any of the questions above you must consult a physician before attempting to dive." The person answered yes to at least one question and did not answer "yes" to a question they should have. When the DM looks at the waiver, they are not concerned about the "yes" and explain only a few situations or conditions ACTUALLY require a visit to the physican before diving. Fifteen minutes into the dive the person goes unconscious and passes away. Does the fact that the individual answered "yes" and the diveshop allowed them to dive allow a wrongful death lawsuit? This is legally perplexing me. Thanks.

[bhalah]

Theoretial situation: A person is on vacation decides to try diving for their first time on an escorted, no certification necessary dive. The waiver from the dive shop says something like "if you answered 'yes' to any of the questions above you must consult a physician before attempting to dive." The person answered yes to at least one question and did not answer "yes" to a question they should have. When the DM looks at the waiver, they are not concerned about the "yes" and explain only a few situations or conditions ACTUALLY require a visit to the physican before diving. Fifteen minutes into the dive the person goes unconscious and passes away. Does the fact that the individual answered "yes" and the diveshop allowed them to dive allow a wrongful death lawsuit? This is legally perplexing me. Thanks.
I think it would depend on where the waiver was signed. For example, in Canada, an individual cannot sign away their rights. If an injury resulted from an operator's negligence, the person injured could take action regardless of any signed waiver. On the other hand, lying or incorrect answers supplied by a customer causing injury which is not the result of any neglect by the operator is a different matter.

[captndale]

You are confusing two different forms. The form on which there are medical questions is the "Medical Statement." It is not a waiver, which is a seperate form. The medical statement is used to help decide if a student taking a class needs to see a doctor before engaging in diving. It is not suposed to be interrupeted by the diving professional. If a prospective student in a "Discover Scuba Diving" course were to answer yes to one of the questions, was not required to get a doctor's ok and a physical problem lead to his injury or death there could definately be a liability issue for the dive professional involved.