Does a dive club need liability insurance
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clownfishsydney
Contributor
In New South Wales (a state of Australia), clubs can be incorporated under the relevant legislation for not for profit groups. Our club is incorporated. However, the only insurance we can get protects the club against injury to non-members at an event (eg a barbecue). We have a code of practice for diving that sets out what experience/certification is required for dives and also points out that we do not provide dive masters or guides and that undertaking any dive is at their own risk.
The dive operator "runs" the trip. The club is merely coordinating some divers. So we say "join us on April XX where we will dive the blah-blah wreck. the wreck lies in 97 feet and is considered an advanced dive. AOW and a wreck specialty is required for this trip. Contact XXXX Dive Boat to reserve your spot now!"
the club is not an entity. Sure, a diver with a problem could sue the operator, can't sue the club, can't sue the board (there isn't one), could sue individual members (but it would be very hard to show any kind of responsibility on their part). Now some of us are DMs and/or instructors so we (including myself) could be sued as having some responsibility (even if I am diving for fun and not as a professional). But that is why I carry professional insurance and recommend that any members at a "pro" level do so.
Bob DBF
Contributor
So this is a dive boat requirement rather than a club requirement, and the club is just advertising for boat operator's trips. This seems a bit different than a club "event".
Bob
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The day I can't dive anymore, I will really need some other good reasons to stay alive. DarkAbyss
a "club event" just means a bunch of us are diving. you are all invited to contact the operator and reserve your spot. I (or other pro members) may actually "run" a club trip but then I have liability waivers for participants to sign and my own insurance. I have no doubt that if a problem arises that I will get sued. The club has nothing and nobody to sue.
Ken Kurtis
Contributor
Couple of things:
1. The question isn't really whether you have actual liability or not, it's what you're willing to spend on attorneys to get you dismissed from a case where you have no liability. Insurance will cover that.
2. Just because you don't think you have liability doesn't mean a jury of non-divers who think diving is dangerous and is amazed we don't have a death on every dive will agree with you. So hopefully that attorney you hired with the second mortgage you took out on your house will be good enough to convince them that that's so. Insurance will cover you if they don't agree with your version of the facts.
3. A lot of the liability questions will likely revolve around who did the planning, who collected the money, etc., etc.
Not-always-as-simple-as-it-may-initially-seem.-(Just-spilled-a-soda-on-my-keyboard-and-now-the-spacebar-doesn't-work.-I'll-be-suing-your-club-because-if-I-hadn't-been-answering-this-post-,-this-wouldn't-have-happened.)
DISCLAIMER:-The-spilled-soda-part-is-true-but-the-lawsuit-threat-is-specious-and-just-meant-to-show-how-people-will-refuse-to-take-resonsibility-for-themsevles-and-insurance-can-help-protect-you-from-them.-(Now-I-guess-I-have-to-run-out-and-buy-a-new-keyboard.)
That's the thing zbout insurance,isn't it? It's not needed until it is. Better to have and not neede than need znd not have.
Ken just pull up some keys and clean it up with q-tip and alcohol.
Ken just pull up some keys and clean it up with q-tip and alcohol.
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