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Showing posts from June, 2015

Maritime Law--Defeating Liability Waivers Resulting in $12M Settlement

In the case of Adkinsv. Big Dipper Charters, et al.,Case No. 14-cv-10030-KlNG, the plaintiffs alleged the Florida Keys Dive Center caused the Adkins family economic and non-economic damages, including pain, suffering and past and future lost income. The Florida Keys Dive Center and its boat operator Big Dipper Charters Inc., along with the boat captain, owners and dive master, were named in the suit. The lawsuit alleged the dive master told the father and son team to "dive, dive, dive," then failed to communicate to the boat captain that there were divers in the water. The captain put the boat in reverse, and the propellers struck a boy and his father, causing severe traumatic injuries. As expected, the defense argued their clients were protected by liability waivers signed by the father for both himself and his son that are common in dive boat operator forms. The plaintiffs argued the liability release forms signed were void because they violated several provisions of fede…