Posted by Ken Kurtis on November 21, 2000 at 01:05:46:
In Reply to: Re: Not ready . . . legal/waiver posted by AADIVER on November 20, 2000 at 19:06:52:
(Frank asked) A related question: East Coast and UK charter dive boats don't require signed waivers because the boat and their skipper/owners only legal responsibility is to take you to the dive sites and return you safely. They are in no way liable or held responsible for diver injuries and/or fatalities.
I can't answer for the UK but if any East Coast operations are going under this assumption then they're in for a rude awakening as this is simply NOT the standard courts have held them to in the past. Additionally, if they choose not to use a waiver, then they're violating the terms of their insurance (or the DM/instr policy that will name them as "additional insured") and may be afforded no legal defense should they be sued, let alone payment of judgment should they lose the suit.
Can you tell us what this statement is based on Frank because, as CalDiver pointed out with the Madison post, you are stating things as fact that are 100% contrary to what the courts are actually ruling.
Ken Kurtis
NAUI Instr. #5936
Co-woner, Reef Seekers Dive Co.
Beverly Hills, Ca.