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

[pilot fish]

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?)

That is very sound reasoning. Why not? You have to sign all these forms which protect everyone else, so why not a form to protect you? If you are a DM, Instructor, Rescue diver, etc,and you insta-buddy with an OW diver, you could find yourself responsible if they died and it was proven, don't know how?, that you could have saved them but did not. Incidernlty, the courts have held [do not have the cite] that you can sign your rights away but you cannot sign your heirs rights away.

 

[D_B]

If you are a DM, Instructor, Rescue diver, etc,and you insta-buddy with an OW diver, you could find yourself responsible if they died and it was proven, don't know how?, that you could have saved them but did not.

How so?? Your not responsible for saving someone unless your in a contracted agreement, like an instructor ... I certantly am not going to risk my life for you Just because I have rescue ... We should dive as if we're solo, be prepared like boy scouts, and our buddy is only there to help out

 

[pilot fish]

Several issues at play here: implied contract, your assumption of risk. You are never compelled to risk your life, as insta-buddy, but might have a duty to perform reasonable care. If you did not agree to dive as solo prior to dive, it is assumed you dove as buddies, which might imply a degree of duty to perform.

How so?? Your not responsible for saving someone unless your in a contracted agreement, like an instructor ... I certantly am not going to risk my life for you Just because I have rescue ... We should dive as if we're solo, be prepared like boy scouts, and our buddy is only there to help out

 

[DaleHall]

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?

 

[pilot fish]

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?

yes, I've met a diver like that when I dove in Saba. He just used his AOW card but had the top PADI cert. His feeling was, I just want to dive and not have additonal headaches. I see his point.

 

[D_B]

I am pretty sure I am not compelled to render anything, as I am not a professional and am not under any contract

... there is another reason that instructors and DM's don't show that they are such, they don't want all the newbe, just out of OW divers, intrusted to them, when all they want is to just go out and dive like everyone

 

[TomP]

Perhaps the most constructive use of the buddy release is for real buddy teams to protect each other from litigation by heirs, etc... in the event of an accident.

I'd absolutely put my life at serious risk to save my buddy and i am certain he'd do the same. I'm equally certain that, in the event of a tragedy, the last thing we'd want is family battles in court. Not much of a legacy...

 

[pilot fish]

It may be argued: you agree to buddy, which IMPLIES a level of care, which is itself an implied contract, offer- we will buddy, or would you agree to buddy? agreement, meeting of the minds, yes I will, or yes we will, consideration
I will watch you, extend care to you and in consideration you will watch and extend care to me - we will be a safety net for each other.

I am pretty sure I am not compelled to render anything, as I am not a professional and am not under any contract

... there is another reason that instructors and DM's don't show that they are such, they don't want all the newbe, just out of OW divers, intrusted to them, when all they want is to just go out and dive like everyone

 

[D_B]

Ok ... So I just don't agree to be, or ask to be .. an instabuddy .. problem solved

 

[pilot fish]

Ok ... So I just don't agree to be, or ask to be .. an instabuddy .. problem solved

You're right, of course. I'm not saying I agree with any of this, just telling you what MIGHT happen.

I once refused to buddy with a newbie in Coz when I first started diving, I had 35 dives, the newbie was on his first OW dives since cert and had NO athlectic abilities at all. I said to the DM, I can not be responsible for him since I'm kind of new myself. He insisted I buddy with him, which I did, thinking the DM was law on the boat, I was new. He was awful and cut my dive short. I had to surface with him. I suffered the next dive with him but that was it. Next day I buddied with 3 other guys who told me at dinner, that guy is going to kill you.