New Lava tour out of Kalapana...

[Greg]

You can be sued anytime Kathy. A waiver is just a document you can use in your defense. It may or may not discourage someone from filing suit. If you have shown gross negligence, it probably doesn't carry much weight. (My understanding-I'm no lawyer)

[missydog1]

Yes, I do realize that, Greg, thanks for pointing it out, because I should have said the waiver is an attempt at protection rather than CAN'T be sued.

I still don't understand what the insurance covers for the client. I'm curious because the tour keeps saying we are insured. I know they are good guys, and I'm not poking at them, just want to know what the point is.

[John S. Rabi]

I don't know guys, and to be honest I don't even care, it's not my business, I just posted what my friends said. All I know is that throughout my travels I have taken countless number of of tours and excursions, but I never ever had to sign any kind of liability waiver.

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[KeaauRich]

John,

I bet that the waiver language was buried deep in the fine print of whatever document you signed to purchase your tour or excursion. Although, as others have mentioned, waiver language doesn't hold much water, most tours I've ever taken have required waivers -- even Disney requires waivers for some of its attractions.

[Carey]

A well written, properly ppresented AND consistently used waiver is a defensible (legal wise) document.... for the intended purpose of notifying the parties involved of inherent risks, and they are used to exclude claims.

[TheodoreJay]

Well if it is like the Ski industry waiver on a lift ticket the inherint risk is implied and no you can't sue the ski lift operator by running into a tree. That risk is implied. So yes if you sign a waiver w/ a tour guide stating the obvious risks such as potential Asthma attacks, slips/falls, etc. the that will protect them quite allot unless of course they show willful neglect or negligence. It that case they are not protected. When people talk about being insured I'm not sure if any lability policy is going to cover acts of stupidity such as getting too close to flowing lava, fumes, dangerous shore line shelf. etc. So when in doubt just turn back to the car, especially if showing signs of respiratory problems, dehydration, etc.

[punagirl]

As a claims adjuster I can assure you that you can still sue an attraction, tour operator etc even if you signed a waiver. It would be one of the defenses that the insurer will use but it doesn't mean much. A good plaintiff attorney will find a way to show gross negligence on the part of the insured, it really isn't that tough to do. Most claims are settled long before a suit is filed and if a suit is filed most of those are settled before trial. In fact, once about 2.5% of lawsuits filed in liability claims every make it to a jury. There are many economic reasons for settling them, regardless of liability, far in advance of trial. Many times I pay large amounts of money to settle a claim and the insured is furious because they were not at fault. However, it isn't the insured's decision. The carrier will settle to avoid expensive litigation cost and we don't like to roll the dice on what a jury might do, especially these days.

Atlanta/Pahoa

[Kelena]

Waivers are very common for activities in which there is a risk of harm. Go riding in Wai'ipio -- you'll sign a waiver and a helmet will be offered to you. Waivers, however, are strictly construed (more so in some states than others). Things like font size can make a difference. So, if I were writing a waiver for this organization (and I am not and cannot) it would look something like this:

You are going to die. You are walking out over old lava. How do you think it got here? That's right -- a freakin' volcano spit it out here. You are walking on that volcano. Is that what you had in mind? The thing you are on is called a bench. It's as fragile as the Democrat's hold on the House of Representatives, or Meg Whitman's housekeeper. It could break. Then you will be plunged into the ocean and molten lava will probably rain down on you, just to make sure that you go to hell before you go to hell. Even if that doesn't happen, you are going to fall on your silly ass on the equivalent of hardened, black glass shards, some of which may be hotter than even Paris Hilton would prefer. If that sounds like a good idea, sign here

[missydog1]

Glen you have done it again. [] My belly laugh for the day.

Now could you write one for the lava boat tours?

[Greg]

Jeez Glen, You'd need a waiver just to sign your waiver. (Where do I sign?)

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