Waiver form?

[Detonate]

I also doubt that any waiver is going to hold up if you have even a single sip of beer.

 

[maboat]

I also doubt that any waiver is going to hold up if you have even a single sip of beer.

Well, as they say on Shark Tank..."and for THAT reason, I am out"

 

[Ronnie]

I'm a lawyer (non-practicing), I've thought about having my guests sign a waiver but actually doing so would definitely change the mood for the day, the season or forever. I've opted to up my insurance instead. I've never had to use it but I know its there if I need it. One of my regular crew got whip lash while tubing with us years ago, yeah, I was driving, she never made a claim against me or my insurance company but she could have. A few months of chiropractic sessions add up fast. Other more common injuries are those that happen at the dock or launch ramp. Someone tries to stop the boat from hitting the dock to fast and ends up with a crushed finger, hand, etc. In another incident my buddy, an Assistant DA in a nearby county, was stepping off the boat on to the dock, long story short, he blew it, as he fell into the water his arm hit the dock and he surfaced with a broken elbow. He still has pins/rods in that arm and can't extend it all the way. He never asked me for a penny and we are still good friends to this day. Although now I ask him to just stay in his seat and out of the way when launching, docking and trailering the boat. My point being, know your friends but be prepared (properly insured) in case you are wrong about them.

For those that want to see pics (I'm one of you), attached are two xrays of my friends elbow. The first one is of it after it was reset and before they put pins in it. He had it in a sling for a few weeks to let the swelling go down before they put pins / rods in it and a cast on it. The second is of the same elbow before they reset the broken / dislocated bones. Just to be clear, since the xrays are not, those two bones at the bottom of the second pic are not supposed to cross over each other.

 

[Raphael]

Now I'm feeling all paranoid about allowing anyone on my boat

 

[jcyamaharider]

WOW, The thought never even crossed my mind but now as my girls are getting older I guess these are things to consider. Thank goodness I have a big umbrella policy.

 

[Ronnie]

There is specific additional personal injury coverage that I added / increased in my boat u.s. policy that covers me. I don't recall the name but do remember going through the scenario's with my agent, "What if my friend gets whiplash while tubing or breaks his arm while docking? What is my out of pocket? What is the coverage / pay out limit, per person, per incident, etc.? I think it only cost me $25 or $30 more dollars per year and even though I haven't had to use it yet, over several years now, it's been worth every penny.

For those that still want to go the waiver route, you should be able to find one on-line or at a book store for $7 to $25, respectively. The self help book will probably come with a lot more than a waiver. I'd go with a recent one published by a reputable legal publishing company like Nolo Press or Times / Mirror (not sure if they are still around actually but I worked for them once upon a time). Also, look for forms that are state specific over national.

 

[007]

I blew my ACL wakeboarding behind a friend's boat. To my shock, my health insurance company asked a lot of questions leading towards going after the boat owner for the cost of my surgery. It was stressful for me because I am responsible for my own actions and the accident was the result of my choices. In the end, I stood firm with them that is was my fault. That said, it would be niave of me to think others believe the same as I do.

Not saying it is never the boat operators fault. I once had a friend (who was a boat owner) I let drive my boat and he almost put me and my wife in the hospital as he was pulling us way too fast on a tube and we wiped out hard.

In the end, I agree with @Mike, I don't think the waiver would be very strong protection.

 

[Jim Robeson]

@Skysurfer2010 ... we own a private dock and decided, on advice from our insurance agent, to get a umbrella policy for $2 million. Cost is very cheap when you consider what could happen if something goes sideways. You might check into that if you haven't already.

 

[Shuck Water]

X3 on the umbrella policy. Cost is minimal, but a must with a boat!

 

[0627Devildog]

I don't think I could bring myself to ask guests to sign a waiver for taking a ride. . . . although I would considering it for "water sports"

 

[Ronnie]

In the end, I agree with @Mike, I don't think the waiver would be very strong protection.

I agree with that too but by analogy, if I were to get into a fight I'd rather go in with some clothes on instead of naked.

That is, a waiver or enhanced insurance coverage is better than nothing. My advice as a non-practicing attorney, get something better than nothing.

 

[OCMD]

A few considerations. Can a minor enter into a contract in your state? There is your answer for kids. As for adults? Depends upon state law. I have successfully argued in a state different than my home state that a waiver my client executed before embarking upon a river rafting adventure was unenforceable. Show me a waiver and I will find a way around it. Bottom line? Make sure your insurance is in effect and don't worry about it. That's why you have liability insurance.

 

[Ronnie]

Thanks for checking in OCMD, I defer to your expertise.

 

[Ronnie]

Here is a potential spin off string or poll question: How many members here don't have marine insurance?

 

[Lspeedss]

@Ronnie you should start a poll on that over in the polls section.
Back on topic..I agree with know your friends and get an umbrella policy to cover you just in case. Cheap insurance..pardon the pun.

 

[GTBRMC]

Primary value of a waiver is to prevent people from going after because they think they cannot. Same concept as the ubiquitous grocery store parking lot sign claiming "we cannot be held responsible for cart damage."

Bigger umbrella policy and cautious driving when guests are aboard are your best bets, IMHO.

 

[Skysurfer2010]

Some took this on a tangent. I'm not looking to have everyone that comes onto my boat sign a waiver. Just those that will be wake boarding or any other kind if water sport since there's a much higher chance of injury.

 

[1rjclark]

I always thought that as the skipper you are liable for yor passengers especially minors. Plus our boat insurance should cover passengers.

 

[Julian]

I have an umbrella policy too. I don't think I'd ever have someone sign a waiver, but I might when my daughter gets to an age where she starts inviting friends on the boat....we'll see.

 

[Geiger41]

You can't always pick your kids friends.

I disagree, my mom picked my friends when I was a teenager and made sure I had no say in the matter. The ones she let me hang out with are successful now. The ones whom she did not, are either in jail or drug addicts. Even though I hated it back then and at times was really defiant about it, I really can't argue with it now that the results are out.