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Liability Waivers

Discussion in 'Basic Scuba Discussions' started by scuba2you, Oct 20, 2020.

  1. Esprise Me

    Esprise Me Kelp forest dweller ScubaBoard Supporter

    # of Dives: 200 - 499
    Location: Los Angeles, CA
    The enforceability of waivers varies by jurisdiction. In California, you can definitely sign away your right to sue for ordinary negligence. I have no idea about Chinese law, but I too would be wary of assuming it would protect my interests against a Chinese company.
  2. scuba2you

    scuba2you Angel Fish

    # of Dives: 2,500 - 4,999
    Location: Bangkok, Thailand
    Oh, you don't know how right you are, I spent a career in an industry heavily involved in China, rarely have I seen a positive outcome in a Chinese court for a foreign entity. Hong Kong used to be an exception but this will change fast now that the mainland government is getting involved.
    Esprise Me likes this.
  3. Cert1967

    Cert1967 Let's Go Skiing

    # of Dives: I just don't log dives
    Location: Vail, Colorado
    Wookie - Florida, from your point of view great state to operate in.

    BJ - Florida, well .... Colorado, a little reading would help. Waivers are worthless, maybe not.

    A quick read of Borden may help with insight into an exculpatory contract.

    Attached Files:

  4. Cert1967

    Cert1967 Let's Go Skiing

    # of Dives: I just don't log dives
    Location: Vail, Colorado
  5. Manatee Diver

    Manatee Diver Stop throwing lettuce at me! ScubaBoard Supporter

    # of Dives: None - Not Certified
    Location: Tampa Bay, FL
    I really need to go see Hong Kong before it falls too far. I've only been to the airport but I want to see the city that has inspired so many movies.
  6. Doc

    Doc Was RoatanMan

    # of Dives: None - Not Certified
    Location: Chicago & O'Hare heading thru TSA 5x per year
  7. dmaziuk

    dmaziuk Regular of the Pub

    I doubt China is an exception, once you're out of NorthAm/EU/ANZ. I'm fairly certain your chances of winning a case in Ukraine, if it ever gets to court in the first place ("horrible backlog" an' all), are in 2% range if you're lucky.
  8. Ghost95

    Ghost95 Manta Ray

    # of Dives: 1,000 - 2,499
    Location: Florida
    Funny you mentioned Venice. There is a charter there that has you sign a waiver like this, releasing then from gross negligence and such. I thought the point of a charter was that you were hiring a crew that was competent, aka not negligent.

    Oh yeah, when they tell me that they have an ERIB, (Emergency Reckoning Information Beacon) on the boat I get a little suspicious of competency. Maybe it's because I run vessels for a living, but still...You also get an hour lecture on how not to scratch the boat. I won't dive with them again. Not that it was a bad ride just little things like the waiver and ERIB raise red flags.

    By the way, it's EPIRB, Emergency Position Indicating Radio Beacon.
  9. Gareth J

    Gareth J Manta Ray

    # of Dives: 1,000 - 2,499
    Location: UK
    In the UK (and EU I believe), waivers are not worth the paper they are written on.

    I have signed no end of American waivers on courses in the UK where the American agency requires the waiver to be signed to comply with the agency rules, but where they have no bearing in law. In fact, in some cases, they have been viewed as an attempt by the organisation to avoid their legal obligations, the courts really don't like that!
    I am pretty sure PADI in the UK got into a lot of hot water about 15 years back after a death on an open water course, the fact a waiver had been signed made things a lot worse for them. Almost seen as an admission of negligence on their part.
  10. Edward3c

    Edward3c Instructor, Scuba

    If I remember correctly the instructor was jailed for manslaughter. The waiver was a crucial piece of evidence used by the prosecution.

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