Could I be sued??

[Charlie99]

Speaking of liability...

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

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

My recommendation is to just go on enjoying your happy diving, but it wouldn't hurt to get some personal liability insurance, aka extended personal liability or umbrella liability policies. Usually available at reasonable cost as a rider on your house insurance.

 

[jbd]

Find a lawyer friend, or anyone in the dive group that knows a lawyer, or just pay a lawyer to make up an ironclad waiver. It would be cheaper than having to defend yourself ever.

Waivers don't stop one from being sued. It may end up preventing a judgement against you but you still had to defend against the suit.

There is a thread around here somewhere about people not being able to sign away the rights of their survivors. Not sure how that case turned out.

 

[El Orans]

You just gotta love the American legal system!

 

[H2Andy]

There is a thread around here somewhere about people not being able to
sign away the rights of their survivors. Not sure how that case turned out.

in a particular jurisidiction (i think it was the Federal court for New Jersey)

otherwise, waivers are still effective in most jurisdictions

 

[Delphinus]

however, they woudln't have much of a case unless you negligently breached your duty of care to a fellow diver and he/she got hurt.

basically, before someone can sue you for negligence (i.e. personal injury) they
have to show that you owed them a duty of care and that you breached that
duty of care to their detriment.

From how you describe your activities, you are basically acting as a divemaster. You may not actually be one, and no money may be changing hands, but there's definitely liability there, IMHO. If someone thinks you're a DM and subsequently gets injured, they may have a strong case against you. If you're not a certified DM, technically there may be no duty of care, but if a diver relies on you as if you were a DM (because you act like one), there may be an implied duty of care. It's enough of a possibility, anyway, that you should be concerned.

And just so I don't get sued, I'll throw in the same disclaimer as everyone else: this is all just my opinion. I only have a semester of law school under my belt (I got wise and dropped out), so I'm not a lawyer; ergo, this isn't legal advice.

 

[kidspot]

Hey Rick, on behalf of someone who doesn't have a group like that - Thanks for the time and effort!

I don't have any advice, don't know if you are "living dangerously" or not, (in the "lawsuit" world) but thanks for putting forth the volunteer effort... and thank you for doing a dive on my birthday! (May 17th) since I will be working all day, it's nice to know someone get's to go diving - blow a bubble ring for me will ya?

Aloha, Tim

P.S. Keep us uptodate with what you decide to do - maybe some of us in other parts of the country could follow your example...

 

[Albion]

Despite some of our challenges and your (undoubtedly heartfelt) concerns, I think we'll be just fine thankyouverymuch.

I hope so but having read the rest of the posts i think you should take a second look at yourselves

 

[Rick Inman]

P.S. Keep us uptodate with what you decide to do -

I'm going to have everyone sign a waiver. I'll post it when I've got it finished.

 

[miketsp]

I'm going to have everyone sign a waiver. I'll post it when I've got it finished.

Well there was this one posted last year by NWGratefulDiver:
http://darwin.bio.uci.edu/~rvilla/waiver.html

Here was a draft waiver I posted recently:
http://www.scubaboard.com/showpost.php?p=1016645&postcount=85

And of course this is not legal advice so here's my own disclaimer:
This mail/post and the information, names, images, pictures, logo's and icons regarding or relating to miketsp and his affiliates, recommendation, opinions, advice, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose or non-infringement. In no event shall Miketsp or any of his employers, employees, contractors or representatives, be liable for any damages, including without limitation, special, indirect or consequential damages, or any damages, whatsoever resulting from access or use, or inability to access or use information or recommendations herein contained.

This mail/post may include technical inaccuracies or typographical errors that will be corrected as they are discovered at Miketsp's sole discretion. Also, changes may periodically be added to the information contained herein. These corrections and changes may be incorporated into this mail/post at a later date. Miketsp may at any time make modifications, improvements and/or changes to these Terms and Conditions, the information, names, images, pictures, logos and icons displayed within the mail/post or the recommendation, opinions, advice, products and services referred to within, with or without notice. This mail/post may contain links to or references to other Websites. As the Internet is maintained independently at thousands of sites around the world, the information, names, images, pictures, logos and icons that may be accessed may originate outside the boundaries of this mail/post and it is tacitly accepted that Miketsp will have no control. Therefore, Miketsp shall have no obligation or responsibility regarding any content derived, obtained, accessed within, through or outside this mail/post. This mail/post may not be forwarded, reproduced or cited unless you agree not to add, alter, substitute or amend partially or in whole any information provided by Miketsp.


So there...

 

[Rick Inman]

Well there was this one posted last year by NWGrayefulDiver:
http://darwin.bio.uci.edu/~rvilla/waiver.html

Here was a draft waiver I posted recently:
http://www.scubaboard.com/showpost.php?p=1016645&postcount=85

And of course this is not legal advice so here's my own disclaimer:
This mail/post and the information, names, images, pictures, logo's and icons regarding or relating to miketsp and his affiliates, recommendation, opinions, advice, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose or non-infringement. In no event shall Miketsp or any of his employers, employees, contractors or representatives, be liable for any damages, including without limitation, special, indirect or consequential damages, or any damages, whatsoever resulting from access or use, or inability to access or use information or recommendations herein contained.

This mail/post may include technical inaccuracies or typographical errors that will be corrected as they are discovered at Miketsp's sole discretion. Also, changes may periodically be added to the information contained herein. These corrections and changes may be incorporated into this mail/post at a later date. Miketsp may at any time make modifications, improvements and/or changes to these Terms and Conditions, the information, names, images, pictures, logos and icons displayed within the mail/post or the recommendation, opinions, advice, products and services referred to within, with or without notice. This mail/post may contain links to or references to other Websites. As the Internet is maintained independently at thousands of sites around the world, the information, names, images, pictures, logos and icons that may be accessed may originate outside the boundaries of this mail/post and it is tacitly accepted that Miketsp will have no control. Therefore, Miketsp shall have no obligation or responsibility regarding any content derived, obtained, accessed within, through or outside this mail/post. This mail/post may not be forwarded, reproduced or cited unless you agree not to add, alter, substitute or amend partially or in whole any information provided by Miketsp.


So there...

Ah, Mike... A waiver for your waiver. What a world.

Thanks for the links!!!