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

[Hockeynut]

http://www.scubaboard.com/showthread.php?t=91940&highlight=hockeynut

The link to the news story is no good but you get the jist of it from the thread.

 

[Gombessa]

Lol, you guys are just too much

Unfortunately, I don't think it's too hard to find traditional contract or tort liability in a buddy sitaution. You can potentially argue an implied contract, and also find duty of care under certain situations (especially if you go around doing *crazy* stuff like agreeing on a dive plan, checking up on each other every minute or signallling OKs, etc.). Maybe the "everybody solo" approach is the best way to limit liability, but rememer, you don't need a contract to have a duty of care (for instance, if you see a diver in distress, start to swim towards them, for some reason chance your mind, and swim away, you might be liable).

 

[AzAtty]

I posted some of the basics on buddy liability about three years ago on this thread. The cases cited expressly deal with the duty of care a buddy owes another.

 

[H2Andy]

sadly, anyone can sue you for anything anytime ...

can a buddy sue you for being negligent? sure ...

they will have to prove that you:

1. had a duty of care (i.e. were their buddy)
2. breached that duty (did not act like a reasonable buddy would)
3. and as a result they suffered damages

(this is simplified, but accurate)

if they can establish the above three things, they will win a suit against you

how do you protect yourself?

1. insurance. look into getting liability insurance of some sort. if you are sued, the insurance company will defend you and ultimately pay your claim.

2. a waiver. yes, a waiver. consult a local attorney and draft a waiver that works for your state. it's a very good weapon to have on your side. your buddy will waive simple neglience, but gross negligence and intentional wrongdoing will not be waivable.

3. be as good a buddy as you can. don't do anything stupid.

4. try to dive only with buddies who are as competent as you (at least). this will minimize potential problems that could lead to a lawsuit.

please consult an attorney familiar with this area of the law in your state

 

[ItsBruce]

1. Those who are not lawyers should not talk about the law or when there is or isn't a duty of care. The likelihood of being right about it is remote.

2. A DM or instructor who only shows an AOW card on the boat for fear of liability will be in even worse shape if things get real sideways. (First, the plaintiff will find out who everyone is and then what their real level of experience is; second, the plaintiff will argue that showing the AOW card demonstrates knowledge of fault.)

3. Doctors should not talk at all. Aren’t they the ones who have you fill out 6 pages of forms to make sure that they get paid when you come into the office, but only 1 page about your medical history? Or are your bank and account number and the number of years you have lived at your current residence (and prior residence if it is less than 5 years) and the names of 2 “responsible persons” part of medical history?

4. The Captain’s word is law. If the Captain says you must have a dive buddy or sit out the dive. That’s it. If you didn’t bring a dive buddy, treat it like you didn’t bring your mask … sit there and look stupid … or hope someone has a spare that you can use.

5. In case you disagree with the Captain requiring you to have a buddy, refer to #4.

 

[pilot fish]

The captain of the boat can require you to have a buddy, not a bad idea, but cannot require you to have THAT buddy, the buddy you do not want to buddy with because you feel, and so state, is not safe for you, or them. Your alternative is to buddy with a couple, or group. You cannot be forced to dive with a buddy who is demonstrably not safe.

 

[D_B]

?demonstrably not safe?
You could say that, but how would you know that an instabuddy is demonstrably so?

I can say that someone just on there first dives out of OW are not someone I would be comfortible buddying up with, and might make a less safe pairing ... don't think I could say that there diving is unsafe

 

[pilot fish]

Situational unawareness, improper gear placement, first dives post cert, appears nervous and uncomfortable, the questions they ask etc.

?demonstrably not safe?
You could say that, but how would you know that an instabuddy is demonstrably so?

I can say that someone just on there first dives out of OW are not someone I would be comfortible buddying up with, and might make a less safe pairing ... don't think I could say that there diving is unsafe

 

[diver 85]

I know of an Instructor that only shows his AOW card when he goes on personal dive trips for fear of being held liable because he is a "Dive Professional." He says he'll still do everything is his power to render aid to anyone at any time, but as far as his "ranking" on the boat, he's AOW. With as "sue happy" as the world is now-a-days, it makes sense to me. But, I'm not a dive professional, either. What do you think?

IMO, smart fellow..........GEAUX TIGERS........

 

[MXGratefulDiver]

IMO, smart fellow..........GEAUX TIGERS........

Not really ... any reasonably competent lawyer can find out your credentials in short order (it's on record with your certifying agency, after all).

Showing a lower rating may save you from the dive crew who thinks it'd be a neat idea to buddy up the newest diver on the boat with a dive professional ... but it won't mean squat if someone gets hurt and decides to see how many people on the boat are worth suing ...

... Bob (Grateful Diver)