H2Andy
Contributor
basically, anyone can sue anybody else.
in order to do so, they would have to allege that you
1. owed a duty of care to your buddy (you were dive buddies; check)
2. breached that duty to your buddy (here they list what they think you did or didn't do that constitutes negligence)
3. resulting in damages to your buddy or his survivors (here they list all the medical bills or missed work, or lost future income, or whatever).
so, if your buddy or his family (generally wife and children) believes that your negligence resulted in damages to your buddy, they could sue you.
now, the real consideration: do you have enough money to pay a judgment?
it makes no sense to spend $100,000 on a suit, get a judgment against you,
and ... you have no assets they can levy.
that is why, generally speaking, personal injury attorneys only go for "deep pockets,"
people or companies that will be able to pay a judgment against them. professionals
are insured, so they are a target. companies usually have insurance or sufficient
assets, so they are targets as well.
how much of a target is Average Diver? if you think you have assets to protect,
by all means consult with an attorney in your area.
one precaution is to draft a "Waiver" (copy it form a local dive shop)
and have your buddy sign it prior to each dive. it will be better than nothing
if push comes to shove.
this is not intended as legal advice. always consult an attorney licensed to
practice in your state and experienced in the field of law in question.
in order to do so, they would have to allege that you
1. owed a duty of care to your buddy (you were dive buddies; check)
2. breached that duty to your buddy (here they list what they think you did or didn't do that constitutes negligence)
3. resulting in damages to your buddy or his survivors (here they list all the medical bills or missed work, or lost future income, or whatever).
so, if your buddy or his family (generally wife and children) believes that your negligence resulted in damages to your buddy, they could sue you.
now, the real consideration: do you have enough money to pay a judgment?
it makes no sense to spend $100,000 on a suit, get a judgment against you,
and ... you have no assets they can levy.
that is why, generally speaking, personal injury attorneys only go for "deep pockets,"
people or companies that will be able to pay a judgment against them. professionals
are insured, so they are a target. companies usually have insurance or sufficient
assets, so they are targets as well.
how much of a target is Average Diver? if you think you have assets to protect,
by all means consult with an attorney in your area.
one precaution is to draft a "Waiver" (copy it form a local dive shop)
and have your buddy sign it prior to each dive. it will be better than nothing
if push comes to shove.
this is not intended as legal advice. always consult an attorney licensed to
practice in your state and experienced in the field of law in question.