Liability

[vincent54]

I will be diving in a few weeks with totally new divers, who are friends. Normally, I either dive solo or dive with my kids. After reading some of the posts, it seems the buddy is legally responsible for the well being of the other diver. I am open 1 certified, and don't plan on becoming a DM , or instructor. If problems arise, I have no problem lending assistance. I am more than capable of CPR, and dragging them back in if need be. So I ask, is it better to just make them dive with a group on the boat and not worry about it, or have them join me? . I will be in Cayman, and don't know if their laws are different. I plan on the southeast, south wall CYB, where the top of the reef is only about 45-50 feet, which should be safe. Cheers

 

[ScubaSteve]

I believe (nothing really to substantiate this other than what I recall reading) that cases where a buddy is held criminally responsible for an incident with another diver are rare. If there is no professional level of training, then I do not believe (this needs to be confirmed because it is likely to change regionally) the same "duty of care" applies. I think the issue is one of a moral issue and that you will have to live with the outcome, one way or another. If you, a diver, can be found to be negligent in some way that caused an incident, then perhaps the answer may put you back at risk but again, this is simply my opinion.

Personally, I say you have enough experience (judging by your displayed dive count) to know if a diver is a safe diver. Do a simple and shallow dive first off after a good heart to heart talk, then judge the rest of the dives. Second only to doing the dive safely, make sure you have fun .

 

[vincent54]

I am a terrible judge of diving skills. I don't dive with enough other people to know who is safe or not, and assume a certified diver knows his own limits. Just don't know what constitutes negligence in diving when it is a solo type activity. There isn't really a good contact to find out about Cayman dive law, and if there is , haven't found it. The dive operators are no experts, they lose divers from time to time, and even they are unclear of the liabilities. Thanks for the response.

 

[clownfishsydney]

I believe that the only place this applies (criminally) is Queensland in Australia and even now that may have changed.

 

[theduckguru]

If the buddy is your spouse, the accident will immediately become a murder on at least 1 US TV network.

 

[vincent54]

I don't plan on offing my buddies. I was just reading a previous thread about a case in Switzerland and wondered if these types of laws apply in other countries like Cayman. In the USA, we have a Good Samaritan Law, but it still doesn't apply with negligence. Just not sure what constitutes negligence in diving. They are being certified in the Caymans, so I'll probably just ask their opinion. Cheers

 

[ScubaSteve]

I don't plan on offing my buddies. I was just reading a previous thread about a case in Switzerland and wondered if these types of laws apply in other countries like Cayman. In the USA, we have a Good Samaritan Law, but it still doesn't apply with negligence. Just not sure what constitutes negligence in diving. They are being certified in the Caymans, so I'll probably just ask their opinion. Cheers

Go out, do recreational dives, be a good buddy (if you cannot do this then you really should not be diving with another diver), talk about skills, comfort level, training levels etc., and if someone needs help, help as long as you feel you can do so safely. Beyond that, just enjoy yourself. And remember that anybody can call a dive for any reason at any time. Make sure the people you are diving with understand that so if they get in "over their head", then they can turn the dive around (i.e. end it).

There is no need to worry about "negligence" for a recreational diver IMO but as long as you do the above, I think you are safe. Just my opinion though.

 

[Lorenzoid]

I have to agree with ScubaSteve that such instances are rare where a buddy (or buddy's estate) files a negligence lawsuit against another buddy. I also suspect (based on nothing but a lawyer's gut instincts and incidents I've read about here on SB) that most such lawsuits would be unsuccessful. But as all who are fed up with the US legal system know, the likelihood of ultimately losing a lawsuit doesn't often enough prevent someone from filing the lawsuit in the first place. And if that happens, then the defendent immediately finds himself having to pay legal fees to deal with it.

I don't think there's anything practical that we divers can do to shield ourselvs. I can't imagine asking a buddy to sign a release I shove in front of him. I've concluded that all we can do is be the best buddies we can and try not to dive with divers who appear reckless or otherwise don't give us a good vibe.

As for the Cayman Islands, well, who knows what the laws are there. Maybe set up a Cayman-registered shell corporation to shield yourself?

Just because someone is a "totally new diver" doesn't mean they are likely to be unsafe. In fact, from what I've seen, new divers are often the most paranoid and conservative divers. You're more likely to curse them under your breath for ending your dive "too soon" than for anything else.

 

[vincent54]

(if you cannot do this then you really should not be diving with another diver)

Amen to that. A friend in need is a bloody nuisance, according to Benny Hill. I'll let the dive boats deal with them. Thanks

 

[DepthCharge]

I am a terrible judge of diving skills. I don't dive with enough other people to know who is safe or not, and assume a certified diver knows his own limits. Just don't know what constitutes negligence in diving when it is a solo type activity. There isn't really a good contact to find out about Cayman dive law, and if there is , haven't found it. The dive operators are no experts, they lose divers from time to time, and even they are unclear of the liabilities. Thanks for the response.

I have to ask............if you can't judge anothers abilities/skills.................what are you doing diving solo?
Later,
John