Parental Waivers

[MORGAN]

you can not sign away the rights of anyone except yourself, including your own children. -skip

Well, there goes my plan to sign 'em into indentured servitude...


Mike

[RN]

This law has been in effect in several other states for many years. It doesn't change anything with the diving industry. Just because the court won't stand behind the waivers doesn't mean you shouldn't have them sign the waivers. It's still proof that the risks were presented to them and they had an opportunity to ask questions. Even though it doesn't prevent a law suit (does anything prevent a law suit these days?!?!?), it shows the parents and children were aware of the risks involved. This ruling is really no big deal.

[Rexco]

As Ken said.

you can not sign away the rights of anyone except yourself, including your own children. you can sign that if anything happens to your child while in scuba class, you will not sue, but you can't sign off on your child's right to sue. And being minors they can't either.

when you sign a liability waiver that says your family won't sue - same problem. you can't sign off on your spouse or kids or parents right to sue based on what happened to you.

One of the best waivers I've seen was one that said something like "by signing you agree not to hold the charter responsible for accidents to you and if you or family members or friends sue on your behalf and win a settelment, that you agree that the full amount of the settlement will be paid from your estate." You can sign off on your estate!

-skip

And is some states you cannot even sign away your own liability. In fact Florida is one of the few states where the liability waiver will hold up in court. In 2004 the State Police of Florida had a case in which they prevailed at the State Supreme Court, allowing one to waiver liability. This however does not work with gross negligence. All this being said I am not an attorney and did not stay in a Holiday Inn Express last night. So what do I know.

[rkij]

Hopefully I'm way off but does this mean me, a 17 year old can no longer dive places like ginnie springs?

[Marc Bryan]

Hopefully I'm way off but does this mean me, a 17 year old can no longer dive places like ginnie springs?

Depends on whether they want to continue to open themselves up to that liability.

My guess......no changes. Your good to go.