Will your buddy/"instant buddy" sue you if something happens or vice-versa?

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superkingkong

Registered
Messages
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Location
Boston, MA
# of dives
25 - 49
Hi guys,

haha.. i'm back with silly questions again.

I read a book, and there is this article saying that, your buddy/instant buddy will be able to sue you, if there is anything happens to them, or otherwise. If he is dead, his family, can sue you.

well, if your buddy is your friend, then it should be ok or they/their family could be understanding enough. but what if you just met your buddy on the boat?

is it true?

am i a troll for asking such questions?

well, thanks for the great advices/concerns previously. i have gathered much knowledge and much confidence now :) .. although not experience :) but heck, life is about learning...
 
I guess we need a disclaimer release form now for our own dive buddies.

(might seem like a joke, but if the shop makes you sign one, the dive boat makes you sign one, why not the other divers?)
 
mike_s:
I guess we need a disclaimer release form now for our own dive buddies.

(might seem like a joke, but if the shop makes you sign one, the dive boat makes you sign one, why not the other divers?)

Well, let's see...hmmm...maybe because there's no duty of care?

I don't think such a suit would hold up unless they could demonstrate that your actions directly contributed to the other diver's accident...

Now, if you cut his hose or something... :D
 
mike_s:
I guess we need a disclaimer release form now for our own dive buddies.

(might seem like a joke, but if the shop makes you sign one, the dive boat makes you sign one, why not the other divers?)

Actually not a bad idea. After all, assigning instabuddies just pays lip service to the intent of the buddy system. In many cases it's just the path of least resistance for Resorts and Divemasters. It's almost worth doing just to see the look on the DM's face when you say "Instabuddy? Yeah no problem just have 'em sign here and while we're at it you sign as a witness"
 
My instant buddies have all been bad... I give them one chance to be a good buddy, if not, I stay close to the DM and let them risk their own life. That's why I tip the DM well...
 
I guess I've had good luck with this. All my insta- buddies have been good ones & I've done my best to return the favor. I stick close, but not too close. Generally I let them lead unless they don't want to, I make sure we have a clear dive plan before hand. I've never had a problem,.... yet.
 
I used to take all the "i'm certified people on my boat until I realized most of them did not belong in the water. Dove with a guy who held his breath the entire dive and ended up in the chamber a day later. I had a boss who always was hinting about going out on the boat with me. The guy was sue happy and I never had the heart to tell him I could not risk having him on my boat.
 
Must be resurrection day - here's my old buddy waiver (ok, watch the lunatics and junior lawyers get all insane now!)

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT - DIVE BUDDY

I, _______________________________________ HEREBY DECLARE THAT I AM A CERTIFIED SCUBA DIVER, TRAINED IN SAFE DIVING PRACTICES, AND AM AWARE OF THE INHERENT HAZARDS OF SCUBA DIVING. I ACKNOWLEDGE THAT I AM REQUESTING ________________________ (“RELEASEE”) TO BE MY “DIVE BUDDY” ON THE DATE SET FORTH BELOW.

In consideration of permitting me ___________________________ to dive with RELEASEE as RELEASEE'S BUDDY on this date, June __, 2006, I HEREBY acknowledge that SCUBA DIVING IS A POTENTIALLY DANGEROUS ACTIVITY and involves risk of serious injury and/or death and/or property damage. I FURTHER ACKNOWLEDGE that diving with compressed air and/or rebreather involves certain inherent risks: decompression sickness, embolism or other hyperbaric injuries can occur that require treatment in a recompression chamber. I FURTHER UNDERSTAND that the open water dive(s) may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such activities in spite of the possible absence of a recompression chamber or medical facilities/drugs. I DECLARE that I am in good mental and physical health for diving, that I have not had any medical condition contraindictory to diving practices, and that I am not under the influence of alcohol or drugs that are contraindicatory to diving. If I am taking medication, I declare that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I ALSO DECLARE that I am an experienced diver, and that I am not relying on RELEASEE in any way to ensure my safety during the dive: I acknowledge and agree that I am absolutely responsible for my own safety.

I HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE RELEASEE FROM ALL LIABILITY TO MYSELF, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OF DEMANDS THEREOF ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THIS OR ANY OTHER RELATED DIVING OPERATIONS THAT MAY OCCUR, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE. I HEREBY SPECIFICALLY STATE THAT RELEASEE HAS NO DUTY TO HELP ME IN ANY CIRCUMSTANCE, AND I AM NOT RELYING ON RELEASEE IN ANY WAY RELATIVE TO MY SAFETY. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, NOW AND FOREVER.

I HEREBY SEPARATELY agree to INDEMNIFY and SAVE and HOLD HARMLESS the RELEASEE from any loss, liability, damage or cost that they may incur now and forever, arising out of or related to participation in this or any other related diving activity, whether caused by the negligence of the RELEASEE or otherwise. I HEREBY acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEE and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by RELEASEE INCLUDING NEGLIGENT RESCUE OPERATIONS.

I HAVE READ this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to personally discuss and realize the potential dangers incidental to engaging in the activity of scuba diving WITH RELEASEE as my buddy.

____________________________ ____________________________
Witness

DISCLAIMER: NO ATTORNEY CLIENT RELATIONSHIP IS INTENDED TO BE FORMED BY THE READING, PRINTING, USING, COMMENTING ON OR LAUGHING AT THE ABOVE WAIVER. THIS WAS WRITTEN FOR AMUSEMENT PURPOSES ONLY, AND NO REPRESENTATION OR WARRANTY IS BEING MADE THAT THE FOREGOING WOULD BE EFFECTIVE AS A WAIVER OF LIABILITY. IN OTHER WORDS, KEEP YOUR LAWSUITS IN YOUR PANTS...
 
thanks for posting this :D
 
well, all i do is just asking questions that i don't know/understand. and i don't think my questions can caused any harms. yeah, my english is not very good, with all my questions and languages, you called me a troll?

maybe i should stop posting here. maybe i don't belong here.

I'M SORRY FOR EVERYTHING.
THANK YOU
 

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