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Under English Law you cannot exclude liability for death or personal injury caused by negligence. This is set out plainly in Section 2(1) of the [[Unfair Contract Terms Act 1977]]: “A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”<ref>https://www.legislation.gov.uk/ukpga/1977/50/section/2</ref> | Under English Law you cannot exclude liability for death or personal injury caused by negligence. This is set out plainly in Section 2(1) of the [[Unfair Contract Terms Act 1977]]: “A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”<ref>https://www.legislation.gov.uk/ukpga/1977/50/section/2</ref> | ||
Bahamas law has its own framework, which includes the ''Unfair Terms in Consumer Contracts Act of 2007'', which presumptively regards an exclusion of liability for death or personay injury as unfair.<ref>https://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2006/2006-0001/UnfairTermsinConsumerContractsAct_1.pdf</ref> (A “consumer” means a natural person acting “for purposes which are outside his business”.) | |||
But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on. | But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on. | ||