Posted by Ken Kurtis on November 20, 2000 at 13:54:15:
In Reply to: Re: Not ready/qualified/trained/etc. to make a dive posted by AADIVER on November 19, 2000 at 23:12:49:
(Frank wrote) But these boat waivers really don't have any teeth.
This is absolutely NOT a correct statement. (In fact in our breifings for Reef Seekers trips, we make a point to mention that waivers ARE a legal document, they ARE enforceable, and you ARE signing away rights you may otherwise have.)
What do you base this on, Frank? Over and over again, in both California and other states, courts have held that properly executed (signed, dated) scuba waivers are valid and enforceable.
As far back as Sullivan vs. YMCA here in LA back in the 80s, to the CA Supreme ruling on anticipated risk a few years ago, to recent court decisions and affirmations, waivers are held to be legal and valid.
Is there a specific case you can cite, Frank, that prompted your comment? I'm not trying to belittle you on your statement but I think it's enormously important that staments like these that attest to legal fact be correct and if you're just talking off the top of your head, you're spreading as true wrong and misleading information.
Ken Kurtis
NAUI Instr. #5936
Co-owner, Reef Seekers Dive Co.
Beverly Hills, Ca.