Anytime a person participates in recreational activities, including boating activities, they will likely have to sign a waiver of liability. The language of these waivers typically reads something along the lines of “Our company will not be held liable in the event you are injured by participating in activities on our vessel.”
The enforceability of waivers depends on the circumstances of any injuries that may occur. The courts in Arizona will examine the facts of the case as well as the wording of the liability waiver. Liability waivers are required to be clear and unambiguous and should provide notice of all of the inherent dangers associated with the boating activity. The dangers must be clearly communicated to any participant. In the state of Arizona, it is generally understood that liability waivers must specify the particular risks and harms for which liability is being released.
However, waivers will generally not cover accidents and injuries that could not reasonably have been expected to occur. Additionally, these waivers will not usually cover the careless or negligent actions of the boat owner or operator (i.e., failure to maintain the vessel, operating while impaired by alcohol or drugs, operating well distracted, etc.).