Could This Accident Put the Future of MLF In Jeopardy?

[n2theblue]

In Alabama you can’t have your own negligence signed away. The plaintiff attorneys most likely will try to establish that it was negligent for MLF to put this event on in the first place. They allowed a stage for this tragedy to happen could be the argument. If this argument is successful it could have far reaching consequences on the ability of tournament organizers to promote and organize tournaments as we know them. This could be a land mark situation.

That will be very very difficult unless there is some factor like weather involved.

As far as signing negligence away, where are you getting that? I'm not an expert on alabama law but I found this with a quick search. Releases are valid except to wanton or wilful conduct, and fishing tournaments are fairly analogous to races. So long as people are aware of the risks involved, they can waive claims against the organizer.

Also this has nothing to do with any suit by the people who were injured.

The most clearly articulated genre of pre-injury liability releases in Alabama are pre-race releases issued in the context of racetracks. See Barnes v. Birmingham Intern. Raceway, Inc., 551 So.2d 929, 932 (Ala. 1989). Until 1989, Alabama was the only jurisdiction in the country that upheld pre-race releases for negligent and wanton conduct; in 1989, the Supreme Court of Alabama held that “pre-race releases, although valid and consistent with public policy as to negligent conduct, are invalid and contrary to public policy as to wanton or willful conduct.”