Do you dive off your own boat and make your guests sign a release form?

[SkipperJohn]

The fact of the matter is, signing any sort of release form or anti-suit form can not stop anyone from suing anyone else. further no form can protect anyone form negligence that results in harm to another person or property. As it has been explained to me, even those forms your insurance company has you sign to get your insurance check that states all is finished and settled cannot stop you. It may affect the results in court or lengthen the process, but not in such a case as you described above.
Rest assured, if you sign a release form on a dive boat of any sort and due to their negligence (which is up to the courts to decide) you get hurt, you can sue and if they are proven negligent you will win.
Any lawyers in the house that can confirm this?

 

[Pre BC]

Tommymo:

Thank you for posting a very interesting topic! I have no idea what the right answer is, but -- given the litigious world we live in -- it is definately something to be concerned about.

One factor that MIGHT have an impact on your liablity is your level of diving certification. Are you a DM or instructor? Do you carry professional liability insurance? Another factor might be the liability laws in the state where you live/operate your boat. Where are you located? Your profile doesn't give much detail so, at best, we can give you generic conjecture.

If you want specific conjecture, you will need to put a bit more information in your profile !!

P

 

[Peter Guy]

further no form can protect anyone form negligence that results in harm to another person or property

OK, for what I am sure is NOT the last time I'll respond to this question, the answer is -- GO TO LAW SCHOOL if you want to learn how to give legal opinions!

For a standard explanation of negligence, waivers and SCUBA (but NOT maritime law), please read Boyce v. West, 71 Wn. App. 657, 862 P.2d 592 (1993).

Scuba diving instruction is not an activity involving the public interest for purposes of the public policy that forbids contracts of release of liability in matters of significant public interest.

 

[AzAtty]

The issue isn't how friendly you are with the divers you take out on the boat--it's how friendly you are with their survivors.

 

[phunk]

Don't worry Tom, I won't sue.

 

[tommymo]

I live in the great sue happy state of NJ

 

[Goindrinkn]

Getting through the DM class I had the same question. One thing that I wondered is does the very act of drawing up a wavier add to your potential liability from the standpoint that without one you can claim "We were just a few friends out on a boat doing some diving"...

With one you have now set your self apart ... almost like you are some form of operation. There's a level of sophistication involved. And you proved that you knew you should have some because someone could get hurt and sue you. ??? Oh So you knew your actions could potentially hurt someone ???

The "sharks" belong in the water not in our courtrooms.

 

[spoolin01]

For a standard explanation of negligence, waivers and SCUBA (but NOT maritime law), please read Boyce v. West, 71 Wn. App. 657, 862 P.2d 592 (1993).

I edited the qualifications admonition out, since I didn't go to law school...

So you don't have the blow-out, but aren't there still some possible tears in the fabric? Does maritime law cloud the validity of releases, at least a little? Some poking around yesterday made me - a naif to be sure - think the tort law surrounding boating-for-scuba is not very settled.

 

[spoolin01]

Rest assured, if you sign a release form on a dive boat of any sort and due to their negligence (which is up to the courts to decide) you get hurt, you can sue and if they are proven negligent you will win.

I gather Florida has done a pretty good job of protecting commercial dive operations' releases (at least for the meanwhile), negligence or no. Nevada and Colorado, from what I understand do the same for ski operations. Until someone can convince a higher court that there's a bigger law, so it stays. I bet the reality is, a lot depends on how good your lawyer and legal fund are.