Turnbough v. Ladner
Mississippi Supreme Court
754 So.2d 467 (1999)
Relevant factsFree
Turnbough (plaintiff) signed a broadly worded, pre-printed liability waiver before a scuba certification class taught by Ladner (defendant), acknowledging inherent diving risks like decompression sickness, but expert testimony established Ladner negligently planned dive depths and failed to make required safety stops, causing Turnbough to suffer decompression sickness.
IssueFree
Whether releases signed under conditions that do not provide a plaintiff with an informed, voluntary choice or that contain oppressive terms without an opportunity to be negotiated are unenforceable.