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> > I'm surprised that waivers are binding, as I'd always operated >on the priciple that you couldn't sign away someone's duty of care to >you. In California one can now, under the current case law, waive actions for himself and his heirs based upon general negligence; generally the case law uses the doctrine of assumption of the risk and applies general contract law to come to this conclusion. There aren't alot of cases on point here, but at least one that I recall does involve diving. > I'm very worried about lawsuits working on the prinicple that >only one guy gets back, or no-one does, and all the information about >what actually happened is hearsay or extrapolation. What happens in >these cases. My own feeling is that as I can, I'll take my own >responsibility and remain silent unless *I* feel that a criminal act has >occurred, which may occur again. (NB, I mean I won't call my lawyer - >I'll speak up *to divers* about bad divers, but that's our business as >divers). I agree, often what happened or really happened is a matter of sheer speculation although many mistakes can be identified. I've lost two fellow divers in the last year or so. One on his first night dive in the shallows, the other, an experienced diver, at 300fsw at a site known as the "Matterhorn". I also knew Darren Douglass and both he and his son died in an accident on the USS MOODY last summer. Yet another fellow that I knew took a spinal hit in Hawaii and is still in a wheelchair. I've made posts about some of these accidents in the past and in ever case from what we KNOW multiple mistakes, often stupid mistakes, were made. No lawsuits have come out of any of these accidents. However, I've begun to seriously consider having my dive buddies sign a mutal release which I'll also sign just so there's never any question later. Have the form made up, but haven't decided to use it and hope that it'll never be required. > I sincerely hope that the litigious society doesn't make it over >here; we have enough to contend with without that. > > BTW I hope you weren't put out by the lawyer comment; it's >traditional IME to finish on a flippant note on public posts. Sort of >equivalent to a smiley, but without referring to the whole post. Are you kidding, us sharks have far, far, far thicher skin. Besides with this post and the other one, I've got my heat shield up for the flames that will be coming!!! Let er rip, George!! > Cheers, > > Jason > Harold H. Gartner III 6900 Via Alba Camarillo, California 93012 home: (805) 482-9743 home fax: (805) 987-6804 office: (805) 644-1061 E-Mail: hgartner@ra*.or* CompuServe 71470,1423
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