fossyant
Ride It Like You Stole It!
- Location
- South Manchester
I have a feeling their policies will be void with something like this.
This tiny submarine 2.4 miles under the sea, visiting the relics of RMS Titanic. Can it be found and the crew saved before the air runs out?
- Thread starter Accy cyclist
- Start date
- Status
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I have a feeling their policies will be void with something like this.
cougie uk
Guru
Like that would stop the court cases.
matticus
Guru
If you've got enough in the bank, what's the point in life insurance? [of course they may well have some, I couldn't say ...]
Their legacy may be sufficient for their dependants to live quite comfortably.
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
My understanding, for the UK at least, is that a waiver will not absolve the organiser from their responsibility of a duty of care to the participants and they can still face claims arising through, for example, negligence, inadequate training, dangerous or faulty equipment etc.
Reynard
Guru
- Location
- Cambridgeshire, UK
I would imagine that if the waivers were signed on the basis that they were told the sub was safe, then yes, that would certainly be grounds for legal action being brought.
Especially since we now know that there is a history of safety concerns and issues. As you say, there is the "duty of care" given that fee-paying passengers were involved.
Ming the Merciless
There is no mercy
- Location
- Inside my skull
If you sign a waiver saying warning danger of death, this sub is experimental and not certified or tested; then that’s means there was an accepted risk.
Reynard
Guru
- Location
- Cambridgeshire, UK
This is exactly why the marine accident investigators need to (as best they can) reconstruct how the failure occurred, and the order in which it happened. Because if the investigation can prove that the sub's structural integrity was compromised prior to the dive and the dive still went ahead regardless, then that can be construed as negligence at the very least. Which would, if I remember what I was taught in my engineering law modules, invalidate such a waiver.
fossyant
Ride It Like You Stole It!
- Location
- South Manchester
I have a feeling the company won't be able to pay, insurance wont cover it, and this will end up a criminal case, except the CEO is dead. A true mess. Any other 'Directors' ?
Ming the Merciless
There is no mercy
- Location
- Inside my skull
Pay what?
matticus
Guru
The ticket refunds.
Dogtrousers
Kilometre nibbler
It says cancellation or delay here. Nothing about implosion.
Ming the Merciless
There is no mercy
- Location
- Inside my skull
For an act of God?
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
No waiver (in the UK) which seeks to remove an injured party’s right to sue for injury through negligence can be relied upon to avoid proceedings. These are rendered invalid by the Unfair Contract Terms Act 1977.
Nor can that agreement undermine the power of a relevant regulatory body to investigate and prosecute under applicable laws.
DaveReading
Don't suffer fools gladly (must try harder!)
- Location
- Reading, obvs
I doubt the waiver would have been worded so as to indemnify the principals against the consequences of negligence.
Ming the Merciless
There is no mercy
- Location
- Inside my skull
Yet to be proven and is anyone making a claim against them?
- Status
