How easy it to get sued by your buddy?

[Eric Sedletzky]

How easy would it be to get sued by your buddy or your dead buddies family? (God forbid)
Assuming that there was no fault of your own.
Has anybody here been sued by a buddy, deceased buddies family, or other law suit stemming from diving?
I'd like to hear your story and the outcome.
How far can a buddy or relatives go to nail you even if the incident had nothing to do with you. Where is the line in which you do touch into some legal ownership of an accident.
How much ownership depends on certification level?

Lets say you were out beach diving with a buddy for the first time and found out the hard way that your buddy had horrible skills etc. You end up separated.
Your buddy gets hurt. Let's say he does something stupid and gets himself bent or embolizes.

What is your ultimate responsibility to him in the legal system, not in what they tell you in training or in books or the perfect world.

I know it's grey, but the outcomes of some lawsuits can be very different from how we think it should be in the real world.

 

[Dr. Lecter]

Theoretically, as easy as getting sued for anything else: very. Realistically, I'm not sure how often it actually happens and I can think of about a dozen problems off the top of my head with getting that kind of complaint past a motion to dismiss for failure to state a claim.

Training may or may not be relevant depending on the law in your jurisdiction, but generally speaking, in the US, non-professional certified rescue divers would not be treated as having the same duty of care that a professional first responder would have. However, the potential to get screwed because you're a certified anything is very much there and it's as good a reason as any to have plenty of training but decline to hold a C-card that says RESCUE DIVER.

 

[Wookie]

I've heard of it once. The family won a million.

 

[MaxBottomtime]

Anyone can sue for anything. Winning is another matter, but it still will cost you time and money for the inconvenience. A few years ago a diver in Orange County was making his 101st dive. He was on the surface with his dive club when he dropped his fins. For some unknown reason he bolted after them without getting his reg in his mouth. He drowned despite the other divers quickly trying to get to him. His widow sued the dive club. She lost, but it became a huge mess for everyone but the lawyers.

 

[Eric Sedletzky]

I can easily see this becoming a pro solo thread.

 

[TMHeimer]

Eric, Yes, anyone can sue for anything, and many point out that this is particularly true in the U.S. But I doubt seriously you will find any definitive answers here. Sorry I have no personal situation (yet..) to describe. There have been several threads about this, including those that ask what a "pro" should do when not working &/or on vacation diving. All kinds of views on those who hold Rescue or higher cards. Hiding one's cert. level doesn't help as lawyers will unearth everything apparently. As far as two OW certified divers' responsibilities to each other should anything happen---who knows? I've often wondered about that myself. I don't think anything anywhere here is written in stone. In fact, I would be surprised if anything about it is WRITTEN anywhere.

 

[Dr. Lecter]

Hiding one's cert. level doesn't help as lawyers will unearth everything apparently.

Discovery will reveal whatever the opposing counsel actually asks for and your counsel is unable to shield by artful construction/objection within the bounds of their duty of candor to the court, but it cannot invent facts. Whether you've taken a course and whether you're willing to complete all of its administrative requirements and hold a specific certification level are two very different things. The plaintiff's lawyer can say the facts revealed in discovery show that you had training and experience sufficient to make you able to and responsible for attempting a rescue that would have saved their client until they're blue in the face, but it's going to be hard for a jury to ignore the bright-line response of "My client is not a certified rescue diver, and he/she never has been one."

 

[AfterDark]

I have a friend that spent a couple of years in a foreign jail because his father-in-law had enough money and connections in the US and the UK to get a trial for the murder of my friends wife that was so unfair it was over turned on the 1st review. The evidence, what there was of it was things like a missing snorkel mouthpiece a broken mask strap that pointed to a struggle. What it pointed to was two people trying to get a limp dead body on board a boat and breaking some gear in the process. Some people didn’t like the way he was acting after and of course that pointed to guilt. It was like a bad TV show or movie.
So I’d say suing is small time compared to murder and very easy for anyone to do.

 

[Doc Harry]

As long as there are greedy lawyers there will always be frivolous lawsuits

I can easily see this becoming a pro solo thread.

I solo because I dive on weekdays and no one else can join me on weekdays.

 

[gcarter]

You can be sued for anything at any time.

If that is the first thing you ask when looking to embark on a new activty, I would suggest that activity is likely not for you.

Life is too short. Be smart, be moral and ethical, be responsible. Be choosy about who you dive with. You can't stop an idiot from suing you, but it will put you in a pretty good position if they do.