Q: Can a passenger on a charter boat sue the owner of the boat even though they didn't pay to go aboard?
I own a charter boat business. Let's say two passengers are coming aboard. I have Person A sign a waiver that releases me from liability but Person B does not sign the waiver. Person A is the one that gave me their credit card information and paid for the trip. Person B gets hurt during the trip. Does my liability waiver that Person A signed protect me from being sued by Person B?
A: Probably not. A liability waiver of liability for your negligence is questionable anyway, but Person B cannot act on Person A's behalf (assuming both are responsible adults) in any event.
Charles M. Baron and Tim Akpinar agree with this answer
A: I agree with Mr. Thorgaard. Have EVERYONE sign a waiver. It cannot prevent suit from being filed, but can be raised as a defense. You may want to have your business insured for liability if affordable insurance is available.
Tim Akpinar agrees with this answer
A: A contract clause that releases a party from liability due to his own negligent conduct may be enforceable in certain situations. However, you should still be aware that it may not be enforceable and you should protect yourself by purchasing liability insurance.
Tim Akpinar agrees with this answer
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