Help with liability question

[Rooster1]

The executive members of our dive club met to night to discuss our budget for next year along with all the activities and projects for next year…..one thing we wrestled with and I am hoping to get some information from anyone here who knows a little more is the subject of liability.

Our past president brought up insurance which is very expensive and he believes that all our club dives we do such as anything from a scavenger hunt to a pumpkin carving contest or any dive that is done through our club and its members can make our club liable if some is hurt or dies and their family wants to sue.

I would appreciate any information you might have on this matter

 

[padiscubapro]

Its true..

insurance probably wount help you anyway! most insurance for dive clubs only covers liability for meetings ect, as soon as you hit the water coverage ends, the funny thing is that to get the better rates you generally have to be sponsored by a member divestore for most policies.... the officers of the club can be held responsible for any accidents.. if your club does lots of dives form a not for profit corporation to help do some shielding.. club officials should get their own liability insurance at a minimum, if they are a diving professional that wount be a problem otherwise I'd rethink being an official..
I belong to two clubs, 1 has insurance 1 doesn't.. both clubs have everyone who want to get into diving activities fill out waivors and have a witness signature also. the club without insurance verifies the divers dive credentials and signed off on the club app by a 3rd person.. no diver is allowed on any dives they aren't certified for unless under instructor supervision as an added protection..

The waivors should list the club and name its officials and successors.. Speak to a lawyer and get a good waivor written up...

 

[detroit diver]

I think the laws in Canada may vary widely from the laws here in the states. Do you know a lawyer/barrister that you can throw some questions at without paying a bunch of money?

 

[Bubble Boy]

Yes you should have insurance. You basically only have two choices in Ontario.....use the Ontario Underwater Council (OUC) or use Marsh insurance and get a facility policy.

Another trick some clubs use to try to limit their liability is to incorporate.

 

[ScubaStan]

The club in which I am a member and now a board member, just filed for non-profit corporation status. This has limited protection but we also have a few liability releases for all members to sign BEFORE engaging in any activity, regardless of the activity. We are looking into insurance but it is very expensive and a lot of insurance agencies don't insure DIVE clubs. Nothing will prevent lawsuits against the club but it will limit singling out the officers in case of an accident. Hope this helps.

If anyone does know an isurance agency that does insure Dive Clubs, please IM me withthe information. Thanks!

 

[Groundhog246]

Rooster1 Is your club affliated with the OUC (Ontario Underwater Council). I'd suggest you explore that avenue. I belong to the OUE http://www.ontario-underwater-explorers.org/ out of Etobicoke and I know the club has insurance, don't know the details. My membership there, also includes OUC membership. The more members OUC has, the more they can influence issues concerning divers, such as the proposed closure of the hyperbaric chamber at TGH (which has been averted, due in part to the OUC), as well as regulations such as those newly enacted in Quebec.

Kent

 

[Natasha]

I think you know I'm not a lawyer. But I did sit in on a liability class when I was at the Dema in New Orleans.
Everything Padiscubapro said is correct.. only thing to add, is that waivers need to be signed before anyone has taken any money from the diver. And like he said the witness part is very important.
If you have taken money, and then have the divers sign the waiver, a judge could, and almost always will throw the waiver out.
According to this class, anyway.

 

[Rooster1]

Groundhog246 yes we have been affiliated with OUC.

Bubble Boy we are incorporated for the very reason you mention.

I think we might best get some legal advice.

 

[Groundhog246]

Rooster1 once bubbled...
Groundhog246 yes we have been affiliated with OUC.

Bubble Boy we are incorporated for the very reason you mention.

I think we might best get some legal advice.

Legal advice is probably a good idea. I'm not sure about OUE. I also keep tropical fish and belong to a local club. That club gets insurance as part of a group policy through CAOAC (Canadian Association Of Aquarium Clubs). By having all member clubs a part of the same group, it increases buying power and reduces the premiums for all. If OUE doesn't, perhaps they should consider such a plan. I'd also recommend contacting someone on the executive of OUE. I'll try to PM you the President's name & email.
Incorporation offers some protection, but directors are required to perform "due diligence" and securing proper liability insurance could come under that heading.
Contacting DAN might reveal some other options.

Kent

 

[Lawman]

1] Find an Ontario attorney who does tort litigation. No estate planners or tax men. A litigator. Tell him in detail what you will be doing [teaching, trips, etc] and the protection you want.
2] Have that lawyer put you in contact with an insurance broker. Someone who deal with multiple lines of liability insurance.
3]With your lawyer go over EXACTLY WHAT COVERAGE YOU WANT WITH THE BROKER. You want coverage for the club, the officers and directors. Big limits...300,000 to 1,000,000. Make the company have plenty to lose if you lose. Small limits get paid and then you're on your own for the rest.
4] Have that attorney make a litigation plan...releases, supervision, accident reports.
5] Never, ever take legal advice from non-attorneys. The field of torts and especially negligence is very complex and changes constantly.