Delise & Hall

The Diver's Attorney

New Orleans

504.836.8000

Overview of the Law

In those jurisdictions which have no bar to releases as a matter of law, the Courts almost uniformly decree the following general principle of law.

A release will be upheld as valid and enforceable in those circumstances where the parties, within an atmosphere of equal bargaining position, without reservation and with full knowledge and understanding of the legal consequences, enter into the relationship freely and not subject to duress, deception or deceit.

In short, the parties must agree to the release knowing full well that they are giving up their legal rights.

The initial step in reviewing whether a release is valid involves application of basic contract law. In simple terms, a contract is defined as:

An agreement between two or more competent parties which creates an obligation to do or not to do a particular act or action.

For a release to have legal effect the agreement must be in writing and expressly pronounce the intent of the parties obligating themselves to the agreement.

Case Summaries

PUBLIC SAFETY DIVER KILLED DURING TRAINING TRAINING NEGLIGENCE – INAPPROPRIATE RESCUE

Delise and Hall represented the surviving wife and two children of JD, a 37 year old public safety d…

COMMERCIAL DIVER DEATH DIVER’S UMBILICAL BECOMES ENTRAPPED IN PROPELLER OF DSV

Commercial diver, JC, age 31, died when his umbilical become entrapped in the propeller of the jack-…

COMMERCIAL DIVER DEATH DIVER KEEL-HAULED BELOW SUPERTANKER

Commercial diver, MS, age 28, was killed when he was pulled underneath a supertanker being cleaned o…

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New Orleans Office
Delise & Hall
1100 Poydras St., Suite 1502
New Orleans, LA 70163
Phone: 504.836.8000

Covington office
Delise & Hall.
528 W. 21st Avenue
Covington, LA 70433
Phone: 985.249.5915

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