Posted on 06/22/2023 11:40:24 AM PDT by DallasBiff
I has read it had no window, but on looking at an actual picture, that does look like a port.
Absolutely - without a carrier the case is truly a barker. As I have posted in this thread, a case will never be filed because the plaintiffs will will not want to be subjected to discovery.
I have drafted liability releases that attack this public policy issue. You disclose in the release language the public policy prohibition for releasing gross negligence and then release it anyway. Then you can hammer the freedom to contract argument all day long. It’s never been tested but would make for an interesting argument.
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