Posted by Sven on April 14, 2004 at 18:55:17:
In Reply to: waivers do not protect dive operators posted by Chris on April 13, 2004 at 19:03:03:
Had someone close settle for $3M after the parents of a kid sued for a pool accident. The parents were _borrowing_ the pool from the close one and they were charged to monitor the activities of their guests. They sued when they didn't do a very good job and their son paralyzed himself on their watch. It was settle for $3M with insurance covering some of it, or fight for years while the parents did the publicity tour with their son.
Made me want to suggest that the close one turn around and sue the parents for their negligence and the pain, financial hardship and distress they caused.
... which gets to this thread. Why can't the waiver state that the dive operator has the right to sue the diver's estate if the diver should be hurt or die while diving and as a result cause the dive operator emotional and/or financial damage ?
The diver _should_ be able to sign on behalf of the estate s/he leaves behind ... no ?
-Sven