b'LEGAL MATTERSLEGAL MATTERS Confirmation of PVAs Advocacy for Allowing Liability WaiversSTEVEN E. BERS, ESQ. // PVA GENERAL COUNSELC anavesselownerobtainIn William Ehart v. LaHaina Divers,ability whatsoever for personal in-anenforceablewaiverofInc.,Mrs.Ehartshusbandbroughtjury, property damage, and wrong-liabilityfornegligencebyan action against the passenger vesselful death caused by negligence.the vessel or its crew? That questionoperator, alleging among other things, was recently addressed by the Ninththat the vessel was negligent in failingProducingthesignedliabilitydocu-CircuitCourtofAppeals,whichto adequately conduct the in-water ac- ment to the court, the defendant, La-answered in the manner advocated totivity and to conduct an adequate orhaina Divers, sought to have the claim the Court by PVA. effective search for his wife.of negligence dismissed on the basis of the waiver signed by Mrs. Ehart. On Sept. 14, 2021, a Hawaiian passen- RespondingtotheEhartcomplaint ger vessel conducted a chartered scubaandindefensetotheclaimofneg- TheU.SDistrictCourtforHawaii and snorkeling tour to Molokini Cra- ligence,LahainaDiversproducedaruledthatthewaiverofliabilityfor ter. Sixteen guests entered the waters,waiver and release form signed by Mrs.negligence was not enforceable based but only 15 came back. A three-dayEhart prior to embarkation, providinguponafederalmaritimestatute,46 effort to find the missing guest, Mrs.among other terms:U.S.C.30527(a),asectionofthe Ehart,wasconductedbytheU.S.ShipownersLimitationofLiability CoastGuardandMauiEmergencyItismyintentionbythisinstru- Act(theAct).ThatActprovidesServices.Thesearchprovedunsuc- ment to exempt, release and holdas follows:cessful.Tragically,Mrs.Ehartwasharmless LDS/LDI and all related never found.entities as defined above from all li- Theowner,master,manager,or agent of a vessel transporting pas-sengers between ports in the United States[emphasisadded],orbe-tween a port in the United States andaportinaforeigncountry, maynotincludeinaregulation orcontractaprovisionlimiting. . . the liability of the owner, mas-ter, or agent for personal injury or death caused by the negligence or fault of the owner or the owners employees or agents . . . .The District Court in Hawaii had lit-tle difficulty finding, in a preliminary hearing,thewaiverunenforceable, reasoning that language about trans-port between ports could be easily construedtoincludetripsfromthe FOGHORN 36'