Are Dive Sports Liability Waivers Enforceable in the Courts of Alabama?
We think so. It is the position of the courts in the State of Alabama that there is no reason to interfere with a contract negotiated between two parties in our state if the contract does not violate state public policy. The State of Alabama recognizes scuba diving as a hazardous activity, and therefore assumes you understand that participation involves risk. They see it as perfectly logical that you would be required to waive liability for risks you knew, in advance, to be present. In any event, the liability waiver would be a strong piece of evidence when presented to a jury. Just like you, jury members expect each of us to live up to our word. Signing a liability waiver is akin to “giving your word” that you don’t intent to hold Dive Sports liable for the risks associated with scuba diving.
