Let's say Paul wants to go scuba diving at Whiney Springs. At the gate, in conjunction with his admission fee, he signs a waiver of liability. The waiver is a general form and does not include any specific statement as to his giving up the right to sue for negligence of the operators of Whiney Springs.
He finds his way to the infamous spring known as Devil's Nose.
Although he is not trained in cave diving, he ventures too far in the cave, kicks up silt, and gets lost. Poor Paul is found deep in the darkest corner of cave, the next day.
In spite of this waiver, would the surviving spouse, Paula, have a shot at prevailing in a civil lawsuit against Whiney? The theory of the case would be that Whiney was negligent in failing to properly warn Paul of the dangers of entering this cave.
Dr. Luv
You can argue that but I bet Whitney will say that they did warn him...and unfortunately since he is dead there is no way of knowing...as he is the only one that can refute it...usually in dangerous situations such as this...when a waiver is signed...it is called assumption of the risk....this pretty much bars winning a negligence claim
Contact an attorney in your area for more specific and possibly contrary law in your jurisdiction.
Orignal From: would the surviving spouse, Paula, have a shot at prevailing in a civil lawsuit against Whiney?
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