Subject: Re: Wrongful death suit despite waiver
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This is indeed a just and proper decision. The court’s ruling is proper in that I can not give up someone else’s rights. The idea of wrongful death is that a person or corporation is responsible for gross negligence in the death of someone to whom they have a legal responsibility of care. The dive boats or dive operators assume this responsibility when they agree to provide services or equipment. Just as if I were to skydive and sign all waivers giving up my rights to sue for negligence, were they to knowingly provide me with faulty equipment, the contract is invalid and my relatives could sue for wrongful death. The idea of the waiver is to protect the dive charter from lawsuits where it is the person’s own fault for the death or injury. If the client misrepresented his abilities or erred in some other way, the contract prevents the company from being sued. However, as we’ve seen from the OJ Simpson trial and most likely from the civil suit against Kobe Bryant, Wrongful Death statutes are more broadly defined and may make the dive operators liable even if they weren’t negligent. This is a cost of doing business and if they didn’t want the risk associated with providing hazardous services, they should close up shop. More : insurancejournal.com |