Does a dive instructor carry any liability if he is diving with certified divers as part of a buddy team on a non instructional dive and not carrying a float?
dive float and instructors.
- Thread starter Niagara River Rat
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Mouse51180
Registered
This all depends on more information about the dive location. Are you diving off a boat or shore diving? Are you in the US, Canada, etc...?
If you are diving off a boat I suspect the captain would be responsible for marking the area.
If you are shore diving, this can vary by state law. I beleive in Florida for instance, all divers\snorkelers must stay within 100ft of the displayed flag. If no flag is displayed all parties may receive a citation.
Plan your dive and dive your plan begins much sooner then before entering the water. Check local laws and regulations.
Safe diving.
If you are diving off a boat I suspect the captain would be responsible for marking the area.
If you are shore diving, this can vary by state law. I beleive in Florida for instance, all divers\snorkelers must stay within 100ft of the displayed flag. If no flag is displayed all parties may receive a citation.
Plan your dive and dive your plan begins much sooner then before entering the water. Check local laws and regulations.
Safe diving.
underH2Oman
Contributor
Please note I am not a lawyer and am only imparting a little information (an opinion) that may help answer the question..
There are no flag regulations for shore diving here in Ontario. If diving from a boat there are flag regulations for it.
While it is becoming common practice to have some form of surface marker there are still large quantities of divers that do not use them.
Without a contract the instructor is just a more experienced diver entering the water with another diver qualified to do the dive. (I make the assumption the other diver was qualified) Also make note that either diver had the opportunity to abort the dive prior to entry for any reason. So if the buddy proceeded he must have acknowledged the lack of flag and agreed to enter the water regardless. That is a way of accepting any risk of not having a float/flag.
With regards to liability there would need to be an indecent that causes damages first. Then there would need to be an act of fault or neglect. Note that this could be by one or both the instructor and the buddy as they both entered without a float.
The court would determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent
So I believe if the instructor was under contract the would have accepted a duty of care for a student.
Without a contract he has not accepted a duty of care other than that both he and the buddy would be buddy's, which would be a joint duty between divers.
While the instructor is more qualified than the buddy they both accepted the risk of diving without a float.
Without an incident causing damage there is no liability.
If there was an incident causing damage they could be found jointly liable.
.
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There are no flag regulations for shore diving here in Ontario. If diving from a boat there are flag regulations for it.
While it is becoming common practice to have some form of surface marker there are still large quantities of divers that do not use them.
Without a contract the instructor is just a more experienced diver entering the water with another diver qualified to do the dive. (I make the assumption the other diver was qualified) Also make note that either diver had the opportunity to abort the dive prior to entry for any reason. So if the buddy proceeded he must have acknowledged the lack of flag and agreed to enter the water regardless. That is a way of accepting any risk of not having a float/flag.
With regards to liability there would need to be an indecent that causes damages first. Then there would need to be an act of fault or neglect. Note that this could be by one or both the instructor and the buddy as they both entered without a float.
The court would determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent
So I believe if the instructor was under contract the would have accepted a duty of care for a student.
Without a contract he has not accepted a duty of care other than that both he and the buddy would be buddy's, which would be a joint duty between divers.
While the instructor is more qualified than the buddy they both accepted the risk of diving without a float.
Without an incident causing damage there is no liability.
If there was an incident causing damage they could be found jointly liable.
.
.
Mouse51180
Registered
Just to add to the above post...again you have to check your dive location.
As underH2Oman stated "There are no flag regulations for shore diving here in Ontario", but I do recall a time I was in Florida and we checked into a park. My dive buddy and I were informed we could shore dive on a small breach off from the main river, but if we went out into the main river to go to another dive location that was near by it was FL law that we had to display a diver down flag no questions asked.
As underH2Oman stated "There are no flag regulations for shore diving here in Ontario", but I do recall a time I was in Florida and we checked into a park. My dive buddy and I were informed we could shore dive on a small breach off from the main river, but if we went out into the main river to go to another dive location that was near by it was FL law that we had to display a diver down flag no questions asked.
underH2Oman
Contributor
Mouse51180 is correct tht you need a flag in florida.
Currently, Florida law requires divers to display a red divers-down flag with a white horizontal stripe. The width of the stripe must be 25% of the height of the flag. Theflag must be square or rectangular with a minimum size of 12 inches by 12 inches and 20 inches by 24 inches if displayed on a vessel or structure
Currently, Florida law requires divers to display a red divers-down flag with a white horizontal stripe. The width of the stripe must be 25% of the height of the flag. Theflag must be square or rectangular with a minimum size of 12 inches by 12 inches and 20 inches by 24 inches if displayed on a vessel or structure
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I just talked with a Sherriff in his truck on the beach in Destin (FL), then walked into the Gulf with no flag. I do believe regardless of laws, many law enforcement people know little of dive flag laws. I use the flag when I know there will be boats around, which is not the case here in winter, especially on the bays side. In NY and CT in summer I've both used the flag and not used it. Don't know what the laws are. When in doubt, take the flag.
Diesel Dan
Registered
I always use a flag and float regardless if diving from shore or boat ! Iv always used flag Alpha which is the correct flag here in Australia ! And is the diveing flag used in the Royal Australian navy when I qualified back in the 70s !
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