Professional liability when diving with friends

[Northeastwrecks]

Thanks, DivePartner1.

You've nailed my concern. On vacation, I don't plan to show my black card or, for that matter, anything more advanced than Nitrox and AOW. Up here, however, that is not an option as most of my dive buddies are either (1) on this Board; or (2) dive out of the same shop as me.

I will call my carrier and ask them for some type of blanket policy. I'm half hoping that I can include in some type of umbrella policy.

 

[Spectre]

Northeastwrecks once bubbled...
BTW, Spectre, I'm confused. You've.... done.... something.... wrong????

Well, of course not. But depending on how this thread plays out, I might have to start doing things wrong if I know I can sue you for it!

 

[Spectre]

Northeastwrecks once bubbled...
I will call my carrier and ask them for some type of blanket policy. I'm half hoping that I can include in some type of umbrella policy.

Doesn't hurt to be protected. Do you get any sort of protection through your shop or through PADI? I only ask 'cause I got sued once when I taught skiing. I didn't even know about it until a couple years later when I found out the ski area I worked at jumped on it and squashed it before I even knew...

 

[Northeastwrecks]

Spectre once bubbled...


Well, of course not. But depending on how this thread plays out, I might have to start doing things wrong if I know I can sue you for it!

Just wait. I'm drafting the Spectre General Liability Release, Covenant Not To Sue, Indemnification, Assumption of Risk and Hold Harmless Agreement. It not only covers things that happen to you while diving, it obligates to to personally buy the deco beverages for the rest of the group, carry my gear and buy my gas for the trip.

I'll have it with me on the 27th.

 

[Spectre]

Northeastwrecks once bubbled...
It not only covers things that happen to you while diving, it obligates to to personally buy the deco beverages for the rest of the group, carry my gear and buy my gas for the trip

You realize I studied legalese as a hobby for a while, so I do actually read things!

On a more serious note... right or wrong, when I sign a liability waiver I feel it actually _opens_ the door for law suits. If we were just diving as friends and something happens due to negligent behavior... that's an accident.

If you ask me to sign a waiver.... and then something happens due to negligence on your behalf... well... who brought up the concept of lawyers in the first place?

 

[Northeastwrecks]

That was a joke.

 

[Spectre]

Northeastwrecks once bubbled...
That was a joke.

*nod* Yea... I knew that! But it got the thoughts going and was more directed toward:

Netdoc once professed...
I have most everyone I dive with sign a waiver UNLESS they are a professional diver as well

 

[DivePartner1]

Better include an arbitration clause for disputes over the release just in case--say arbitration in Little Cayman?

 

[raxafarian]

Northeastwrecks once bubbled...


Just wait. I'm drafting the Spectre General Liability Release, Covenant Not To Sue, Indemnification, Assumption of Risk and Hold Harmless Agreement. It not only covers things that happen to you while diving, it obligates to to personally buy the deco beverages for the rest of the group, carry my gear and buy my gas for the trip.

I'll have it with me on the 27th.

Lisa will probably settle out of court for your car

Oh, wait, that would be me


I've seen incident reports ... I forget where... i'll have to try and find them again.. regarding various dive accidents where this situation has occurred. I remember that most (never say all) found that the person that died was a certified diver, and therefore responsible for their own actions.

 

[jepuskar]

My comment about suing PADI was a joke also, but I still think that basic life saving techniques should be part of the OW class.

Its hard to get everyone to agree on anything on a discussion board, but I just dont see who would disagree with me on this one. How can you disagree that life saving techniques should be part of the OW class?

Come on..lets see it!!! I dare you!!!