Rescue or ???

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this will not perhaps answer your specific but it wi9ll show what somwone will attempt to accuse you on .

Diver Sued for Abandoning Buddy: Undercurrent 03/2004

Your Liability as a Buddy: Undercurrent 03/2002

“Diver’s widow sues his buddy”

Dive Buddies: Legal Liability And You

these were found in no more than a minute. further SB is full of discussions regarding the responsibilities of divers

Again I will say even if there is a suit attempted and it fails,,, you still have to be put through the process and expence of probably successsfully defending. yourself.


Many topics on this board have resulted in discussions that were spawned by comments like
EVEN IF I AM A DM I ONLY GIVE THEM MY OW CARD SO NO ASSUMPTIIONS ARE MADE OF MY ROLE.
It is quickly followed up with the next comment.
IF ASOMETHING HAPPENS ETH LAWYERS WILL GET THE PASSENGER LIST AND LOOK UP THEIR QUALIFICATIONS TO DETERMINE WHO WILL BE INCLUDED IN THE SUIT.

I have never said that I would refuse assisting,, like some are assuming. What I have said is that I understand the hesitance to get involved based o n many articles and threads on various boards including SB. I have also said that it is reasonable to expect anyone to walk away as a self protective bahavior to protect themselves their families, assets and their lifestyles.

how does ones level of training have any bearing on the links you provided?

yeah, you can get sued....it sucks...... but there is nothing in the links you provided that indicated that they were sued because of their certifications...... unless you just simply refuse to interact with anyone, there’s nothing to prevent that....hell my barista could sue me because she didn’t like how I ordered my coffee....

you are not legally responsible for anyone’s safety by agreeing to be a dive buddy.... the very links you posted say as such....., so you cannot be held liable for failing To save them....regardless of your level of training


So I’m still confused on why y’all are saying not to get a rescue cert?.... I can only assume it’s because you are making assumption of our legal system that are not based in actual facts

this is literally no different than trying to sue a firefighter for failing to save someone from a fire...... surely those highly trained firefighters would be getting sued all the time!......buuuuut they’re not
 
Thanks for the links, @KWS, but I notice not one of those mentions the buddy's level of training. That's rather telling, don't you think?
 
"Oh damn, someone seems to be dying! I'm not sure I should get involved, I might be sued!"

Said no decent person ever. I can't even imagine contemplating the risk of being sued as a factor to consider if I ever were in a situation where I had to choose between watching someone die, or trying to make a difference.

Hi Storker,

For reasons of decorum in debate, I believe you owe KWS an apology. You took him way out of context. KWS clearly meant that before an accident occurs, it is prudent to voice a verbal objection and then exit the scene immediately to save one from having a front-row view of the train wreck. There have been other posts in this thread where the discussion was geared toward leaving the scene before an accident happens. Like thumbing the dive or not diving at all.

Follow those butterflies in your stomach.

I have been in situations where I have voiced my opinion that imprudent acts were taking place then left the scene as others were flipping-me-off. Both professionally and avocationally.

Please, next time, do us all a favor and ask KWS a clarification question instead of flaming him at the outset.

You may now flip me off!
m
 
Please, next time, do us all a favor and ask KWS a clarification question instead of flaming him at the outset.
I'd agree, but usually asking him for more clarification results in more confusion. I don't know whether that is a thinking issue or a communication issue. The rambling posts of his without punctuation or spelling are the worst. Just sayin'.
 
I believe you owe KWS an apology
Perhaps I do, I really don't know. His walls of text are rambling so much that it's rather difficult for me to understand what the intended take-home message is. I have, however, gotten the impression that his stance is more or less along the lines of "you risk being sued, so don't get involved" which to me is borderline sociopathic when it comes to situations where people are in danger of being killed.

So while I might have taken the quote out of context, it was done so to give an illustration of the vibe I'm getting from his posts here.
 
"Oh damn, someone seems to be dying! I'm not sure I should get involved, I might be sued!"

Said no decent person ever. I can't even imagine contemplating the risk of being sued as a factor to consider if I ever were in a situation where I had to choose between watching someone die, or trying to make a difference.

And just as you would not,,,, many others will. this is not so much of a right or wrong issue as it is a human nature issue. I admire those that can say damn the torpedos full speed ahead. and at the same time i can understand those that say i am out of torpedpes and the best part of valor is to retreat.
 
how does ones level of training have any bearing on the links you provided?

yeah, you can get sued....it sucks...... but there is nothing in the links you provided that indicated that they were sued because of their certifications...... unless you just simply refuse to interact with anyone, there’s nothing to prevent that....hell my barista could sue me because she didn’t like how I ordered my coffee....

you are not legally responsible for anyone’s safety by agreeing to be a dive buddy.... the very links you posted say as such....., so you cannot be held liable for failing To save them....regardless of your level of training


So I’m still confused on why y’all are saying not to get a rescue cert?.... I can only assume it’s because you are making assumption of our legal system that are not based in actual facts

this is literally no different than trying to sue a firefighter for failing to save someone from a fire...... surely those highly trained firefighters would be getting sued all the time!......buuuuut they’re not

You reallly need to learn to listen and read. It is not about what is or is not ,,,,,,, it is about what people think is or is not. it is a matter of fact vs perception. that seams clear but what one perceives is a fact to them. You, me and all others have different perceptions of what is happening in and given event. I personally have been lets say scolded over my position that I will not dive with a new (less than 10 or so dives) diver to 100 ft. If you have 10 dives to our credit I am a bad guy. If you have hundreds you a greater chance of understanding the position. It is not a position of superiority it is a matter of can you depend on the newby if they are needed and can you make it through the dive with out having to do an assist at some yet unknown level of seriousness.

Ths issue th articles show is that there is an assumed level of responsibility by the surviving families. they acted on it and hense you get sued. You will probably get cleared depending what jurisdiction you are in. but even if you were right you dont get you r 50k lawyers fees back.
 
You reallly need to learn to listen and read. It is not about what is or is not ,,,,,,, it is about what people think is or is not. it is a matter of fact vs perception. that seams clear but what one perceives is a fact to them. You, me and all others have different perceptions of what is happening in and given event. I personally have been lets say scolded over my position that I will not dive with a new (less than 10 or so dives) diver to 100 ft. If you have 10 dives to our credit I am a bad guy. If you have hundreds you a greater chance of understanding the position. It is not a position of superiority it is a matter of can you depend on the newby if they are needed and can you make it through the dive with out having to do an assist at some yet unknown level of seriousness.

Ths issue th articles show is that there is an assumed level of responsibility by the surviving families. they acted on it and hense you get sued. You will probably get cleared depending what jurisdiction you are in. but even if you were right you dont get you r 50k lawyers fees back.

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dont mind me.... I’m just trying to figure out what you are talking about now...
 
You reallly need to learn to listen and read. It is not about what is or is not ,,,,,,, it is about what people think is or is not. it is a matter of fact vs perception. that seams clear but what one perceives is a fact to them. You, me and all others have different perceptions of what is happening in and given event. I personally have been lets say scolded over my position that I will not dive with a new (less than 10 or so dives) diver to 100 ft. If you have 10 dives to our credit I am a bad guy. If you have hundreds you a greater chance of understanding the position. It is not a position of superiority it is a matter of can you depend on the newby if they are needed and can you make it through the dive with out having to do an assist at some yet unknown level of seriousness.

Ths issue th articles show is that there is an assumed level of responsibility by the surviving families. they acted on it and hense you get sued. You will probably get cleared depending what jurisdiction you are in. but even if you were right you dont get you r 50k lawyers fees back.
Nobody is saying divers never get sued. I'm saying there's no evidence RESCUE divers get sued more often, and you still haven't provided any. This is a question of fact, not perception.
 

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