Waivers – required and necessary an opinion from enjuris
Scuba divers participating in a dive or course often must sign a waiver . Standard language includes a waiver of the right to sue the party offering the service , even if the worst should happen .
But does a waiver stand up in court ?
The South Pacific Underwater Medicine Society ( SPUMS ) reports that it does , even in the case of a negligent diving instructor .
The case of Ken Sulejmanagic , a 19-year-old diver who died during a YMCA scuba diving certification course in California , drives home the point that waivers are indeed legally binding .
When you sign a waiver , you are entering into a contract of your own free will that will , in most cases , be upheld in court .
Do waivers hold up in court ?
Have you ever wondered if waivers stand up in court when something goes wrong and it was clearly the fault of the dive company ? They do .
See here the wording used in the waiver signed by Sulejmanagic , which prevented his parents from winning a wrongful death suit for the negligence of his instructor . Look familiar ?
For and in consideration of permitting ( 1 )............... to enrol in and participate in diving activities and class instruction of skin and / or scuba diving given by ( 2 )................ the Undersigned waives and relinquishes any and all actions or causes of action for personal injury , property damage or wrongful death occurring to him / herself arising as a result of engaging or receiving instructions in said activity or any activities incidental thereto wherever or however the same may occur and for whatever periods that activities or instructions may continue , and the Undersigned does for him / herself , his / her heirs , executors , administrators and assigns hereby release , waive , discharge and relinquish any action or causes of action , aforesaid , which may hereafter arise for him / herself and for his / her estate and agrees that under no circumstances will he / she or his / her heirs , executors , administrators and assigns prosecute , present any claim for personal injury , property damage or wrongful death against ............... or any of its officers , agents , servants or employees for any of said causes of action , whether the same shall arise by the negligence of any of said persons , or otherwise . IT IS THE INTENTION OF ( 1 )............... BY THIS INSTRUMENT , TO EXEMPT AND RELEASE ( 2 )............... FROM LIABILITY FOR PERSONAL INJURY , PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE
During the course of his dive , Sulejmanagic ran low on air . Rather than ending the dive , the instructor told him to swim toward a dive buoy while he returned to the bottom to continue with another diver . Sulejmanagic was missing when the instructor resurfaced later .