Does being a dive buddy expose you to liability?

[AzAtty]

- in the Cayman Is. all trials of this type are before a judge without a jury
- we don't allow contingent fee arrangements here; the plaintiff's lawyer will probably want to be paid in advance (!)
- if the plaintiff loses, he/she will have to pay the defendant's court costs
- if the plaintiff resides out side the Cayman Is., the court may require the plaintiff to post security for the defendant's court fees before proceeding (!)

Are you starting to see why tort cases are infrequent here? The law is similar to the US, but the "legal culture" is in another galaxy.

One of the charms of the U.S. system is that contingent fees are not considered champetry like they are in England and other former Crown possessions. We do have "loser pays" statutes in most states, but that's only "taxable court costs," which typically include only filing fees, cost of service of process, jury fees, deposition fees and witness fees. Attorney fee awards are only allowed in actions sounding in contract and where expressly allowed by statute (uncommon). And there's a whole body of case law dealing with "mixed" tort and contract claims (like professional malpractice).

On the question of civil versus common law nations, I tend to associate languages with the different types of law as a general rule of thumb. If English is an official language, there's a good chance it's a common law country. If it's a Continental European language, it's likely civil law. Imperfect, I know.

 

[diver 85]

Possibly if you go @ him/her with a sharp knife, but otherwise, it's everyman for himself......right???

 

[Peter Guy]

I generally dive BP/W -- use a BC only in the pool

 

[diver 85]

One of the charms of the U.S. system is that contingent fees are not considered champetry like they are in England and other former Crown possessions. We do have "loser pays" statutes in most states, but that's only "taxable court costs," which typically include only filing fees, cost of service of process, jury fees, deposition fees and witness fees. Attorney fee awards are only allowed in actions sounding in contract and where expressly allowed by statute (uncommon). And there's a whole body of case law dealing with "mixed" tort and contract claims (like professional malpractice).

On the question of civil versus common law nations, I tend to associate languages with the different types of law as a general rule of thumb. If English is an official language, there's a good chance it's a common law country. If it's a Continental European language, it's likely civil law. Imperfect, I know.

I definitely now know there are too many ______ lawyers in this world.........

 

[ReefHound]

Last I checked a BP/W was a Buoyancy Control Device (aka BCD).

 

[Gombessa]

Last I checked a BP/W was a Buoyancy Control Device (aka BCD).

Take a look at their avatars. Backplate only - no wing.

 

[fisherdvm]

I think if you presented yourself as a DM or diveinstructor, or even as a "rescue diver", you could introduce liability upon yourself. Whereas, if you simply said you are an experienced diver and not any more, then you are exposed to minimal if any liability.

That might be a good reason for never showing off your experience level to an "instabuddy". In the same way, if a doctor showed up on an accident scene, and said, "I am a doctor", you then assume the leadership role in the management of the scene, and you better have liability insurance. "Good samaritan" laws are not perfect, and if you portray yourself as a professional, you better have the liability insurance and the skill to back it up.

If I came upon an accident scene, I will participate. If other rescuers are on the scene, I ask if they needed help. If they decline, I leave. By no mean am I more qualified than a good EMT nor an ER nurse. I've been in situation where I have responded to an emergency in an airplane, and find out later, other physicians were on the same plane, and they never responded... Good samaritan law only goes so far, and is not perfect.

When I am on diving trips, I seek the most experienced instabuddy I could find. I want someone who can rescue me, if needed, and unlikely to have problems under or above water.

 

[scubadobadoo]

That might be a good reason for never showing off your experience level to an "instabuddy". In the same way, if a doctor showed up on an accident scene, and said, "I am a doctor", you then assume the leadership role in the management of the scene, and you better have liability insurance.

Damn! Now I gotta take those 40 PADI patches off of all my bags, hats, gear, and oh crap there goes my "instructor" tattoo!!!:11doh:

 

[ReefHound]

I think if you presented yourself as a DM or diveinstructor, or even as a "rescue diver", you could introduce liability upon yourself. Whereas, if you simply said you are an experienced diver and not any more, then you are exposed to minimal if any liability.

I agree. While it has been pointed out that in a serious accident your credentials will be discovered anyway, showing a lower card will support your position that you did not hold yourself out as a higher level diver (DM/instructor/etc) and therefore others around you did not have a reasonable expectation of that higher level of skill.

I've seen some suggest that using the lower card could be used against you and I think that's horse caca. There is no general duty to identify the extent of your skills and experience to others around you. The only problem might be if the boat waiver asks for your "highest" level of certification and you write in something else.

 

[AzAtty]

Presenting a lower C-card is more likely to get you out of babysitting duty than anything else. It will have no bearing on whether you're held to a higher or lower standard of care in the event you choose to intervene.

No matter what certification level you disclose, any lawyer with half a brain will subpoena your certification records from your certification agency. Once the lawyer gets your cert history, he'll discover what he'll play up as a major "lie"--you said you're only AOW when in fact you're a DM--and he'll describe to the jury in loving detail how much extra training you have, and how you should have known X or Y or whatever, and how you completely botched the rescue, and that you lied about your certification level to attempt to escape liability. THAT is how your higher cert level will be "held against you."

You have to understand that lawsuits have very little to do with "THE TRUTH." I tell clients that "the truth" is merely an interpretation of evidence that one side convinces a judge or jury to adopt. Building (and trying) a case is developing and telling a convincing story woven of evidence that supports a particular position, while showing that a different position is a less accurate story.

The *best* way to protect yourself if you choose to render aid is to have a good personal umbrella insurance policy. There's nothing like that warm fuzzy feeling you get from knowing that your tail is covered.