Could I be sued??

[Rick Inman]

Speaking of liability...

Someone the other day suggested that I was setting myself up to be sued out of existence.

I lead a Tuesday Night Dive Group locally (with the help of my friend Tony). I started this group 'cause there is a definite lack of organized diving in this area. In the winter it's only about 5 or 6 of us, but in the warmer months we can run up to 20 or so.

I setup the web site (it's very basic), I determine the dive locations and post a calender and basically handle all the organization. There are no club rules or fees or meetings or anything. We just show up and dive.

We attract a lot of new divers and I seem to be the self appointed Mother Hen... doing the dive briefings, matching up buddies, checking equipment, switching out hoses or loaning out extra stuff. We do the occasional pool dive and work skills, and I always prepare a list of skills to practice, and organize the drills.

Someone suggested that I am setting myself up for a law suit, that if someone gets hurt I could be found liable. They said that I am the de-facto instructor without an instructor's license or qualifications, or insurance.

I am NOT qualified to instruct, and I don't! Hey, I'm no instructor, just trying' to meet and dive with other divers, so I started the group and it's working. I am happy to mentor people (in the land of the blind, the one eyed man is king ).

I like the group and the good people I've met, and before the group I was doing a lot of solo diving, and so were a few others who are happy to have found each other.

Should I disband the group? Have everybody sign waivers? Just go right along our happy diving way?

{(Spam warning) To get a feel for the group, check out the link below.}

 

[BIGSAGE136]

If you have assets, cover them.

 

[MoonWrasse]

You can always get sued, and the deeper your pockets, the more likely.

I'm thinking about suing you for your avitar
(just kidding)

The real question you should be asking is, "how easily can I defend myself in a lawsuit?".
Don't stand next to a legal line, IMO. Just as for bottom times, best to be clear from the edge.

 

[triton94949]

Your initiative and energy are admirable. But in my opinion you should not be doing this unless you are an instructor. As an instructor, you would then be covered by insurance, and your waivers would mean something once you are covered by an insurance policy (currently about $500 per year).

So, yes, you are setting yourself up to be sued out of existence.

My opinion is not what matters. What matters is the jury's opinion. But I would be surprised if they would not agree with me. And either way, you will be paying a lawyer to defend you, since you do not have insurance, the minute something goes wrong for any of the divers.

Some divemaster certifications with some agencies offer insurance subscriptions. You may want to check into that as well, regarding insurance.

 

[The Kraken]

Not a lawyer, but I think there could be some issues with handling equipment and loaning out equipment.

 

[jbd]

Speaking of liability...

Someone the other day suggested that I was setting myself up to be sued out of existence.

I lead a Tuesday Night Dive Group locally (with the help of my friend Tony). I started this group 'cause there is a definite lack of organized diving in this area. In the winter it's only about 5 or 6 of us, but in the warmer months we can run up to 20 or so.

I setup the web site (it's very basic), I determine the dive locations and post a calender and basically handle all the organization. There are no club rules or fees or meetings or anything. We just show up and dive.

We attract a lot of new divers and I seem to be the self appointed Mother Hen... doing the dive briefings, matching up buddies, checking equipment, switching out hoses or loaning out extra stuff. We do the occasional pool dive and work skills, and I always prepare a list of skills to practice, and organize the drills.

Someone suggested that I am setting myself up for a law suit, that if someone gets hurt I could be found liable. They said that I am the de-facto instructor without an instructor's license or qualifications, or insurance.

I am NOT qualified to instruct, and I don't! Hey, I'm no instructor, just trying' to meet and dive with other divers, so I started the group and it's working. I am happy to mentor people (in the land of the blind, the one eyed man is king ).

I like the group and the good people I've met, and before the group I was doing a lot of solo diving, and so were a few others who are happy to have found each other.

Should I disband the group? Have everybody sign waivers? Just go right along our happy diving way?

{(Spam warning) To get a feel for the group, check out the link below.}

If you are demonstrating how to do something or explaining how to do it you are "instructing". The best way to make yourself the target of a law suit is to have a nice big insurance policy. If you don't have one of those then you need to have some equivalent form of wealth i.e. real estate, investment portfolio worth lots, personal property worth lots. If you have any of these things then you should get an insurance policy which is the preferred target of the legal system.

Wow!! there wasn't a reply when I started typing.

 

[Juls64]

You are with a group of like minded people diving. Everyone is certified. You are just.... well you are like the unofficial, unelected, self-appointed club president. I like what you are doing and say keep up the good work. If we all worried about getting sued, many of us would quit volunteering.

Juls

 

[triton94949]

You are with a group of like minded people diving. Everyone is certified. You are just.... well you are like the unofficial, unelected, self-appointed club president. I like what you are doing and say keep up the good work. If we all worried about getting sued, many of us would quit volunteering.

Juls

Dive clubs have by laws and waivers.

And a really smart dive club will also have active status instructors and divemasters with current insurance and additional event waivers serving as dive coordinators or as divemasters.

 

[Rick Inman]

If you are demonstrating how to do something or explaining how to do it you are "instructing".

I am not demonstrating how to do something. I am briefing about the sight and answering general questions.

Not a lawyer, but I think there could be some issues with handling equipment and loaning out equipment.

So if I loan someone my extra computer and they hurt/kill themselves using it, I'm at fault??

 

[mrobinson]

Rick - don't let the cynics stop you. IMHO - keep doing what you're doing. You're not promoting yourself as an instructor or anything else. You're just another dive buddy. Besides, what happened to divers people being responsible for themselves?