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masterblaster72

DZ Cover-Your-Ass methods

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not necessarily leally, if I recall what I read here on teh forums it has no power in court, but it makes (or might make) some people think twice before doing the jump..
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Nope, it stands up in court VERY well. Read up on the SD Las Vegas lawsuit epic. It holds up and it protects DZs. Just because you may not agree with SD LV, remember something (this is directed to everyone else reading this), if they had lost in court, then your DZ would be in danger of multipul bullshit lawsuits. Thus your DZ would quickly go out of business the instant a whuffo got so much as a sprained ankle. How long would skydiving last in the US? Not past 2 years at that point.
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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I find the whole thing a little sad [:/] very bizzarre :Sand just a bit surreal:P



Hi pincheck

I agree with your assesment of the liability situation in the U.S.:o How do the DZ's in england handle it?

What about people injured in auto/industial accidents?

R.I.P.

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Eloy doesnt, or at least if they've started havent been making the locals do it..



No we don't do it local or otherwise.;)



horray for common sense!! ;)B|
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Those who fail to learn from the past are simply Doomed.

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How do the DZ's in england handle it?



Well, in the UK you can't sign away your right to sue (IIRC), so we just don't bother with the waiver as such. What we do get people to do though is to sign a Declaration of Fitness (which says that they are fit parachute, if necessary a doctor can countersign this) and, post-training, a Confirmation of Risk (which basically confirms that they understand it is a risky sport, and that they agree they have been trained on exits, mals etc).

We are still much less litigious over here that the US, although it is getting worse, but we don't tend to see the "sue the DZ, instructor, gear manufacturer" type of lawsuit.

What we are having a problem with at the moment is skydiver's suing each other for the third-party insurance. This is having the effect of putting up our insurance premiums hugely, included in the membership. So, whereas the USPA costs domestic member's $49 anually, BPA membership costs $197.

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Just to add, I'm having to sign the Skyventure Orlando waiver next week for my tunnel time. I acually took the time to read it. Damn if I've never seen anyone cover their ass so much! But I'm from the UK, so I guess this is normal over the pond... :o

http://www.skyventureorlando.com/downloads/SV_Release_Waiver.pdf

Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem. You cant hold them liable. If you're in with an instructor, and are injured as a result of his actions or inactions, you can sue neither him, nor Skyventure. I understand the sue-culture, but it seemed a little extreme to me :S

Even Lara (bless her) from Alti-2 said I'd have to sign a waiver when I pick up my altimeter. I haven't read it yet, but can only presume it says when I bounce because I didn't read it right, I wont sue them ;)

Edit for spelling.

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I haven't seen this at a dropzone yet, but I know my friend that went to Bridge Day had to do it. They require you to read off the entire waiver in front of a video camera.
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I started skydiving for the money and the chicks. Oh, wait.

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not necessarily leally, if I recall what I read here on teh forums it has no power in court, but it makes (or might make) some people think twice before doing the jump..
-



Nope, it stands up in court VERY well. Read up on the SD Las Vegas lawsuit epic. It holds up and it protects DZs. Just because you may not agree with SD LV, remember something (this is directed to everyone else reading this), if they had lost in court, then your DZ would be in danger of multipul bullshit lawsuits. Thus your DZ would quickly go out of business the instant a whuffo got so much as a sprained ankle. How long would skydiving last in the US? Not past 2 years at that point.



>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Canadian courts usually uphold waivers.

Waivers scare off ambulance-chasing lawyers, and that is the primary purpose of waivers.

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the best policy a DZO can come up with to cover their ass it to ground the plane! LOLI've signed hundreds of waivers but if some one wants to find the loop holes they can and will.

Its not only the jumpers that sue, its the jumpers family, the jumpers friends, the local whuffos, other pilots and Im sure the lsit doesnt end there.
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Well, it was a California DZ, but at risk of being an ingrate I won't say much more than that. There were some other things that puzzled me about this place -- not only that split second of feeling like a hostage under duress :| -- but maybe I'm too spoiled by my home DZ. Each one is different and bottom line is they all take risks just by being there and that's something I appreciate.

Be humble, ask questions, listen, learn, follow the golden rule, talk when necessary, and know when to shut the fuck up.

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Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem.



Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.

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Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem.



Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.


Feel free to not visit my drop zone.

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Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem.



Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.



Did you really read the waivers you agreed to sign? So are you now going back on your word?
Remster

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Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem.



Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.



Not trying to flame you but no one is forceing us to jump at any particuler DZ/Tunnel. If we see/hear something at a place we don't like, we can leave even if we signed the waiver.

Sign the waiver and use the facilities your get what you get. Don't want to accept that, you don't have to go there.

Of course you can go anywhere you want, and do anything you want.I'm not the waiver policeB|

R.I.P.

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...that split second of feeling like a hostage under duress ......



How were you (or anyone else) under duress, even for a split second? I really just don't understand all this bitching about waivers. So the process now takes 10 or 15 minutes instead of 15 seconds. Big deal. Everyone knows, at least at a basic level, the inherent risk of skydiving. It's really a no-brainer: you know the risk; do you want to jump or not? If you do, sign the damn waiver, as many times as they ask, smile for the birdie, and get out there and enjoy the sky.

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Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.



Did you really read the waivers you agreed to sign? So are you now going back on your word?



We've had this thread before.

It's a two way street - just because the customer has signed off doesn't excuse to DZ from a good faith attempt at safe practices.

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Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem.



Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.



Did you really read the waivers you agreed to sign? So are you now going back on your word?



If the law says you can't sign away certain rights, then regardless of what the DZ tells you, you haven't signed away those rights. And if they try to persuade you otherwise, they are lying and fraudulently attempting to deny you your rights.

Given that most waivers explicitly tell you that they are legal documents, then they should be interpreted strictly in accordance with the law. Just because a waiver appears to say certain things, doesn't mean that it does mean those things.
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The only sure way to survive a canopy collision is not to have one.

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How were you (or anyone else) under duress, even for a split second? I really just don't understand all this bitching about waivers.



Dude, chill. The duress thing is exaggeration, not to be taken literally and I'm not bitching. It just wasn't something I expected and it made me curious as to how it related to other DZs and I wanted to hear some input as I'm new to the sport. In the end, I appreciate the fact that these dropzones even exist, no matter how different the people might be, especially in this sue-happy society we live in, and also in the face of newbies like myself who sometimes make mistakes. They all get my respect no matter what measures they take to protect themselves. Peace.

Be humble, ask questions, listen, learn, follow the golden rule, talk when necessary, and know when to shut the fuck up.

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Basically, if something goes wrong, say mechanically, as a direct result of neglegence of Skyventure (forgot to oil the fans etc ;)), and you end up as mincemeat its your problem.



Now that I dont agree with, if something happens to you because they did something wrong I think you should have every right to sue.


Feel free to not visit my drop zone.



Regardless of anything you sign, no one or no organization can indemnify themselves against criminal negligence by having a waiver. If "Fly by Night Skydiving" takes you on a night tandem jump, using a plane that is out of annual and with it's engine held on by baling wire, a pilot who's just downed a couple of beers and has had his license revoked, and a rig that's been illegally repaired by the DZO's 10 year old daughter as her girl scout project, then nothing you sign in a waiver prevents you from suing them, regardless of the wording of the waiver. If you sign a clause that suggests you have waived certain rights that the law in your state says cannot be waived, it is meaningless and you have promised nothing.
...

The only sure way to survive a canopy collision is not to have one.

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True enough, but if my pilot decides that the funny noise on the legally flying aircraft is not a big enough issue to shut the plane down,and it subsequently quits, causing an emergency bail-out in which the above whiner lands out and breaks his leg, does that mean I get sued because we did something wrong?

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