Does anyone have guests on your private boat sign a waiver? I don't mean your family/best friend, but "friends" from the dive club etc.? Just wondering?
Waivers on private boats?
- Thread starter Firediver32
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Most divers know nothing about boats or boating or even anything about the water really. To that it might be wise to explain to them your not a professional or licensed captain, your not a professional divemaster or instructor, your boat is a private vessal and they are your guests--not customers. But, you are in charge of the boat and them while they are your guests in your boat and therefore responsible for them. I don't think a waiver absolves you of that responsibility for your vessal and it's occupants safety. No, I would not have them sign a waiver.
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mike_s
Contributor
I don't think he was just talking about boatings "guests" but also people who were guests that were diving from his boat.
Still doesn't mean that if your "guest" ran out of air and drowned then their spouse wouldn't sue you just like they'd sue any other dive boat....
Never understimate a deceased family members lawyer.
I don't think a waiver is a bad idea regardless.
We have a local private quarry that the owner allows us to dive in. Well more and more folks started to dive there. He was concerned about liability, so we suggested he have them sign a standard dive liability waiver like they would at any other quarry. Although he doesn't charge us to dive there, we now sign the liability waiver.
If your guests kick in for gas then you are effectively chargeing them to go out on your boat.
I do not think that splitting fuel and food costs increases liability, boating guest or diving guests, they arrived on site in your boat and under your charge and your responsible for them until their feet touch land again. That is the way I see it and a waiver will not remove that accepted responsibilty--that is what I am saying. For legal judgments you better get a legal advisor for all the ins and outs but as I have been told since forever, boating guests or boating guests that also dive from MY boat are very much my responsibility. Stupid people tricks aside, your responsible to provide "standard" protocol. What might that involve, O2 for a bends hit, first aid kit, reasonable stores for the voyage and knowledge of the waters and prudence, ie, weather forcasts, tides, anything that might impact your voyage. If a person had a heart attack for example and died because you were 30 miles offshore without a functioning radio to call for assitence--hmmmm--or if a guest was swept down current and missed your boat because there was no trailing line etc, well, you get the picture. These are the kinds of things that might come up. The initiating incident might not be your fault but the outcome may well depend upon your knowledge and due preparations. I don't think you can absolve yourself of that with a waiver.
So, I repeat, divers know very little about boats, boating or boat handling, weather or many of the things that impact a safe voyage. Therefore they cannot waive what they don't know and you as the skipper, the person in charge and responsible, should be prepared for those things that are reasonably possible.
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So, I repeat, divers know very little about boats, boating or boat handling, weather or many of the things that impact a safe voyage. Therefore they cannot waive what they don't know and you as the skipper, the person in charge and responsible, should be prepared for those things that are reasonably possible.
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mike_s
Contributor
a waiver won't keep you from getting sued either... and doesn't always protect you in the event you are sued.
The waiver should be a complement to safe and prudent behavior, not an alternative. It may not be bullet proof but how does it hurt? If it has just a 1% chance to protect you that's 1% more protection than without it.
603doug
Registered
I check with my lawyer on liability if someone had an issue and what is my responsibility. A waiver is not worth the paper it is printed on. Adequate insurance covering any problem that one can foresee is the best protection. I carry all the recommended and required safety gear. Also in the event of a problem as long as the person is not in worst shape because of something you did (heart surgery
instead of suppling o2) then you might beat being sued. Can not stress enough that insurance which is another expense seems to be the best bet
instead of suppling o2) then you might beat being sued. Can not stress enough that insurance which is another expense seems to be the best bet
603doug is absolutely correct, waivers aren't worth the time it takes to print them. Insuranc eis the only way to protect yourself no matter how safety conscious you are or how good a rapport you have with your dive buddies, as it will likely be the grieving next of kin you will be dealing with if things go South. I carry Charter Lakes insurance on both my personal and business vessels. I also carry 4 times more 02, lifejackets, fire extinguishers, first aid kits than required. I keep records of all service to craft and engines and make sure it is done at least as often as the factory reccomends. A lawyer will likely be trying to prove that you were negligent in a law suit, so instead be proactive and have a paper trail that proves it. Insurance is just so you don't have to have a lawyer our of your own pocket. I also give a safety briefing before every trip (even private) so everyone knows where everything is and how to use a radio, lifejacket and EPIRB. Also continuing education is nice thing too, DAN and PADI both have alot of things you can participate in as far as that goes.
So can we presume that you do NOT ask customers to sign waivers?
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