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Hi folks, does anybody have an example template in MS word or PDF for a waiver form to dive on private property that releases the owner from any liability? I'm thinking this might be useful for sites that don't get many divers and don't have their own form. Not sure I'll ever need it, as the caves on private property that I dove on have their own waiver. But it might come in handy one day if I knock on somebody's front door to convince them to let me dive off their property.
Thanks, Peter
Nothing releases the owner from a possible lawsuit, paper signed or not.
Sure there is Florida Statute 375.251 there just isn't a judge with the balls to dismiss a case based on the law. So you are forced to use the statute as an affirmative defense and incur the cost of defense so most people settle.Quote:
Originally Posted by Tegg
While Tegg, and curtschu are correct, sometimes you can get access with a waiver. I usually don't offer one, until they ask, but I have some handy just in case. They are Word documents, and I don't see a way to post them. If you want one, PM me an email address. I have one for High Springs, ans one for Alabama. You can change the location with Word.
Do we have a lawyer on the forum that can help me understand why FS 375.251 which appears to be pretty cut and dried does not seem to carry the weight that it should? Any land owner that allows us to enter their land without charge should be fully protected by this statute.
It would help if you gave an example of a case where someone was charged after giving free access to their property for recreational purposes.Quote:
Originally Posted by curtschu
I did not know about that law. I was surprised why they don't charge at Convict because it is a private campground like Ginnie. But it makes sense now.Quote:
Originally Posted by curtschu
James
The NSSCDS does not charge for access to Wayne's World yet they are embroiled in a lawsuit. But based on this law the NSSCDS has no duty to protect. There is additional Trespass law that should apply but Judges are Chicken Crap to dismiss because they are in Cahoots with the trial lawyers that count on your insurance company settling for their 33%. So Mr. Farmer say Sure you can dive in my sinkhole but just let me check with my lawyer first......... you might as well just pack you bags and leave.
From my understanding, they didn't trespass, they were given a key so that they could pick up trash. Since the land isn't open to the public but access was granted free of charge, I would assume it would fall under this subsectionQuote:
Originally Posted by curtschu
Quote:
(b) Notwithstanding the inclusion of the term “public” in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area.