Posted by CalDiver on November 20, 2000 at 15:41:47:
In Reply to: Re: Not ready/qualified/trained/etc. to make a dive posted by AADIVER on November 20, 2000 at 14:23:33:
Wow, Frank, where'd you get that information? I'm a lawyer, just briefed this issue to the California Court of Appeals, because a trial court had erroneously taken the same position you are now. We won. Upside is, hey, at least you know as much as that judge did ( ;
Truth is, any court will look at a number of factors in determining issues like these. There's not always a black and white -- i.e., if you sign an ADR agreement like Mike's talking about, there are some circumstances (boilerplate language, ambiguous language, overwhelming disparity of bargaining power between the parties) -- where the court might disregard the agreement. That's a lot more rare, though, than the court upholding the agreement. Further, where it's a straight waiver issue ("I won't sue at all", not just "I will only seek redress in ADR,") there are also limited circumstances where the waiver won't be upheld. In California, you generally can't waive intentional torts. (For example, a DIR DM, enraged by your consistent teasing, holds you under for a litle bit longer than your air supply lasts. After you recover from the near drowning, you can sue, waiver or not.) But a blanket statement to the contrary, such as yours, is really wrong.
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