Question
A group of military pilots on leave took a vacation to the U.S. Virgin Islands. They decided to go for a snorkel dive, though none
A group of military pilots on leave took a vacation to the U.S. Virgin Islands. They decided to go for a snorkel dive, though none of them were experienced divers. They rented snorkel equipment from a dive shop on the hotel property where they were staying. The hotel is next to a large marina. The dive shop attendant had not been given any special training and had only limited experience herself with snorkeling. The pilots asked her if the small island across the waterway would be a good place to go diving and she said, "Sure, people go there all the time." The pilots entered the water on a beach near the dive shop and began swimming toward the island. On the way across, a 28-foot fishing boat, with only the boat driver aboard, did not see the swimmers and the boat's propeller badly injured one of the pilots, causing serious injuries. The other swimmers assisted the injured pilot back to the shore and began immediate first aid. The dive shop attendant had no first aid supplies and was unable to offer any assistance other than to call for a rescue ambulance. The injured pilot has permanent injuries and has sued the dive shop, the dive shop attendant personally, the hotel where the dive shop was located and the fishing boat captain. Each pilot had signed a release of liability when renting the snorkel equipment, agreeing that they would not hold the dive shop liable for any injuries. The injured pilot claims that each party breached its duty of care to him and that they failed to warn of the risks which they knew and failed to provide proper safety equipment.
Discuss whether the release of liability signed by the pilot will deny any recovery by the pilot against the dive shop. Find some release of liability cases.
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