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On Tuesday Tue, Apr 18, 1995 10:26 PM Richard Pyle wrote: > If they don't they're opening up themselves to a major liability suit down > the line. I suspect the freedom from liability will more than offset the > occasional lost student. Besides, what instructor would WANT to take on a > student who was unwilling to accept full responsibility for him or her self? Hi Richard - Here's my two cents: I think you're engaging in wishful thinking if you believe that if the student signed such an agreement, it would always hold up in court. The premise of a professional relationship between student and instructor is that the instructor is providing *something* in consideration for payment. If this *something* is either directly or indirectly (either by deficit or gross negligence) the source of a diver being injured or killed - you'll likely be held liable. If you think that a strongly worded disclaimer is going to provide an instructor "freedom from liability"; then you and I will can both enjoy a small wager on the first suit stemming from an instructor sticking a O2 regulator into his students mouth at 200 ft. Of course I'll want a student who'll accept ultimate responsibility for his actions and acts of nature that are beyond my control. To grant myself an absolution from liability is a bit foolhardy. Great discussion, BTW! - Keith
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