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

[ArcticDiver]

For the insurance co to seek recovery they would have to have "rights of subrogation" and I've only ever heard of that with property insurance not health or life insurance.



So your saying you were involved in a situation where you were being sued for costs incurred by a health or life insurance co? I'd be interested in the details.

In the medical case, not dive related, the hospital that provided care for me went after the other person to recover their costs. I wasn't in favor of the suit but was informed it wasn't my option. The other party understood the situation so it didn't affect our relationship. But, I imagine in other circumstances it might.

I'm told that depending on the particular Medical Plan this is not at all uncommon.

 

[pilot fish]

You are right on. If you were only one of 8 people on that boat, and were with 50 ft of the deceased, or his buddy on that dive, you are definitely getting deposed.

" in your training you are taught how to give assistance to a distressed diver, correct? You are tested on this and must perform that to a reasonably proficient level, correct? Can you see the diver sinking lower in his seat? It gets worse. What was the reason you only presented an OW card when you went on that boat? Did you feel that if they knew the level of your rescue training you might be asked, or expected, to assist a diver in distrerss? What was the reason you took the rescue training course?

correct

which is why the likelihood of you being deposed is what counts

if you are not a major player and if none of the major players talk about you during their depo, your likelihood of being deposed is low, hence you will likely escape notice

 

[Rpeiffer]

In the medical case, not dive related, the hospital that provided care for me went after the other person to recover their costs.

I'm told that depending on the particular Medical Plan this is not at all uncommon.

So was it the hospital or the insurance co that went after your friend? I've just never heard of that before but it may be a state issue as insurance is regulated on a state by state basis.

 

[Captain12Pk]

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&#8221 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...

CowboyNeal,
I LOVE IT! I hope you don't mind if I plagerize it.

 

[Gilldiver]

Of course all of the above is predicated on the accident and suit taking place in the US or US territory and being under US law. If it happens in the islands or other place out of the US, the suit may have to be under their law. Usually, a bit better for the innocent. The best case for you would be a foreign national out of the US.

But in any case, all of this is one of the reasons I do not have a DM or instructor cert and never sat for my Coast Guard captains license. Something to think about for any diver looking for merit badges. A DM or instructors cert is for life as far as a law suit goes.

 

[Gilldiver]

I should add that if you want the instruction & training, by all means go ahead and take the class. Just don't finish it 100% and get the cert.

 

[pilot fish]

very, very interesting. It does make it sound like having those extra certs may cause you some extra responsibilty?

I should add that if you want the instruction & training, by all means go ahead and take the class. Just don't finish it 100% and get the cert.

 

[String]

If a buddy ever wants me to sign a waiver to dive with them as soon as ive stopped laughing i'll tell them i have no wish to dive with someone like that.

 

[randini]

I should add that if you want the instruction & training, by all means go ahead and take the class. Just don't finish it 100% and get the cert.

That's the way I "have" my DM. I just never took the final exam or paid the fees since I have no need for it.

 

[Rpeiffer]

So please excuse me in advance if I happen to be on the boat with anyone who, whips out their trusty liability release form for their new dive buddy to sign. Because....i'll be rolling on the deck of the boat laughing histerically.