Question on the legal end of accidents

[Rpeiffer]

The fewer the claims paid, the better the insurance company can afford to pay its agents. And the better you're paid, the more you can dive. Therefore, good waivers = more diving for insurance agents. (Ignore the leaps in that syllogism)

Doesn't quite work that way. The more claims paid - the higher the premiums go - the more agents make. So I guess us you attnys make us agents more money. Who'd of thunk it?

PS. syllogism, good word. Must admit I had to look that one up though. :luxhello:

 

[scarefaceDM]

Liability goes both ways...

Just a word to the wise.
Establish a paper trail. Meaning.

Have a dive plan ready.Details of area, depth and anything you can think of that is relivent to the dive and the Outting.
Have a Diving EMEGENCY Plan ready. Numbers, 911, Coast Guard, etc. Evacuation plan etc.
Have all the GEAR needed for an emergency. First aid kit, O2 kit, cell phone, marine radio..
Know where the hospital is and how to get there. Recompression chamber and a number to a Doctor if possible.

This covers your Arse in an emergency. Establish a paper trail and follow the set plans in the event of any emergency.

When ever I organise a dive just for friends, I always prepare a dive plan and emergency plan...plus I have a shore master..Usually my wife whom takes charge on shore...She rules and everyone follows. Plus we all have our own insurances.

When I work for a charter operator...I fall under there liability insurance. ANd a paper trail is always established. Worthless but it shows a sence of responcibility and proves we did everything to ensure the saftey of divers.

Just a perspective. BUT Dive within your limits...

Safe dives
Stephen

 

[Thalassamania]

If we're just looking at it from a liablity standpoint, doing too much can be as bad or worse than doing too little, exceeding the standard of practice of the community might create duties that you might not have considered.

 

[ItsBruce]

A wise man once said "There is no safety in numbers ... or anything else."

 

[ItsBruce]

In California we have what is called "Primary Assumption of the Risk." It is a defense to a lawsuit for negligence. It works on the premise that certain activities have inherent risks that cannot be eliminated without changing the fundaimental nature of the activity. When one is hurt as a result of these inherent risks, there is no recourse unless the other party either increased the inherent risks or acted intentionally. When I take people out on my boat, for diving or otherwise, I put my trust in the doctrine and don't ask for a waiver...even though a proper waiver is most likely to be enforced.

 

[Rusty Russell]

In addition to the other posts which have already been made, my advice is that you should have proper insurance for your boat. Waiver or no waiver, if something unthinkable happens, you may be sued. Bad as that is, it is even worse if you are not adequately insured. If you own a boat, you should have a liability policy and at least a $1,000,000 umbrella. The policies are cheap. I have one myself. I think its about $150 a year.

After that, getting the waiver signed certainly will not hurt, and will give you a chance to bash lawyers.

 

[Thalassamania]

In California we have what is called "Primary Assumption of the Risk."

But has Primary Assumption of Risk been tested against all the agency statements that diving is "safe" (e.g., without risk)?