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July 2014    Download the Entire Issue (PDF) Vol. 29, No. 7   RSS Feed for Undercurrent Issues
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Florida Court Rules: Divers Must Sign the Right Waiver

from the July, 2014 issue of Undercurrent   Subscribe Now

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To many sport divers, nothing is more grating than having to sign a waiver before diving, effectively eliminating any responsibility by your dive operation, no matter how negligent it is. But if we must sign a waiver, then the operator better get it right, according to a Florida appellate court. In May, it ruled in favor of a widower who sued Key Dives in Islamorada, FL, after his wife drowned, citing the shop's failure to have the woman sign a specific waiver.

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Aviva Diodato, 51, of Surprise, AZ, died on April 15, 2010 while diving near the Eagle wreck off Islamorada at the beginning of what was to be "an advanced openwater dive," according to court records. Her husband, Dominic Diodato, then filed a civil wrongful death lawsuit against Key Dives and others associated with the business....

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