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

[Cacia]

me too, to be honest.

The best predictor of the future is the past...I try to get a feel for people's personal philosphy. If they are always talking about their "big settlements" or telling you your boat is unsafe...well those are signs.

Always describing situations that are other people's faults is probably the biggest sign. That eliminates about half the population right there. Someone who never has anything positive to say or stays in a bad situation and likes to complain: lawsuit waiting to happen.

 

[diver 85]

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)

As I've stated before, too many ****ing lawyers in this world....one reason why I carry a knife UW........lol.........

 

[MBH]

Would I buddy with a diver who is asking about "buddy liability", and or touting the prowess and stature of their legal council? I would have to answer with a resounding NO.

Would I buddy with a "Lawyer" who is asking me about my cert level, dive history, SAC, dive plan, hand singals, and equipment differences? I would answer hell yes in about a second flat.

From a legal position I personally view a rescue situation just like CPR training;
I am obligated to assist the distressed person; IF IT SAFE FOR ME TO DO SO.
Once I begin rescue efforts I must continue with these efforts until; I am relieved by other personell, or I become physically unable to continue, or if it becomes unsafe for me to continue.

From a moral standpoint I feel that I have more of an obligation than what is legally required, and from a practical standpoint I would most probably take on more risk in efforts to assist diver #2.

 

[ams511]

MBH,

I think we all feel some sort of moral obligation to help a diver in distress. However, in the instabudy situation there is no way of knowing how the person will react, so we need to assume the worst. If it is an out of air situation then assume you are going to get the reg ripped out of your mouth and the person is going to bolt to the surface risking your life in the process. In any rescue situation we are at risk from a paniced diver. If someone asked me to sign a waiver, I would have no problem as long as he or she is willing to sign the same.

 

[ams511]

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?

Yes, but using divers not in distress and working in a team of several divers

You are tested on this and must perform that to a reasonably proficient level, correct?
[/B][/COLOR]

I do not feel the training made me proficient to rescue other divers in a solo situation. We worked in teams performing rescues in a small local lake with no currents or other hazards.

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?
[/B][/COLOR]

I couldn't find my rescue, nitrox or AOW card. Also my cpr certificate expired, so I am not qualified to render any first aid.

What was the reason you took the rescue training course? [/B][/COLOR]

I wanted to dive more and learn more about diving, given my location at the time I could only take a rescue or drysuit course and I could not afford a dry suit.

 

[Gombessa]

Yes, but using divers not in distress and working in a team of several divers

I do not feel the training made me proficient to rescue other divers in a solo situation. We worked in teams performing rescues in a small local lake with no currents or other hazards.

I couldn't find my rescue, nitrox or AOW card. Also my cpr certificate expired, so I am not qualified to render any first aid.

I wanted to dive more and learn more about diving, given my location at the time I could only take a rescue or drysuit course and I could not afford a dry suit.

Don't get too caught up in how you would like to answer examination questions. If you are on the stand, you may or may not get to state your full story on direct, but under cross, you will be stopped and reprimanded if you answer anything other than "yes" or "no" when asked like this (and no attorney worth their salt would ask you "why" you took a rescue course, they would only ask if you "were certified as a rescue diver by the standards of [agency] to the [language of the cert]."

In any event, if you are ever in such an unfortunate position, either as a defendant and/or witness, you'll be well-prepped by your lawyer on how to truthfully put forth your testimony; I doubt any of the armchair lawyering here will be of any practical value in such a case.

When in an actual diving situation, the best bet is to do what you think is best, listen to the person in charge, and follow MBH's very practical advice above in adhering to the doctrine of rescue.

 

[Xman]

As long as there are lawyers, you can be sued anytime for anything.

If a lawyer thinks that they can make a buck, it doesn't matter who is right or who is wrong, you can get sued for anything.

Personal responsibility still exists - -a lawyer is personally responsible for making sure his pockets get full of cash.

Not here in New Zealand you can't (thank goodness). We even have exemption from the requirement to hold insurance as DMs and Instructors because of it (although we still do).

 

[Gil57usa]

From a legal position I personally view a rescue situation just like CPR training;
I am obligated to assist the distressed person; IF IT SAFE FOR ME TO DO SO.
Once I begin rescue efforts I must continue with these efforts until; I am relieved by other personell, or I become physically unable to continue, or if it becomes unsafe for me to continue.

To take this statement a bit farther, in the Fire Service we are constantly taught that we may render care up to "the level of our training". If you don't have CPR training, you don't perform CPR. If all you have is Basic First Aid, you don't perform Advanced First Aid. If your "Buddy" is involved in a situation that you are not trained to handle because of your cert. level, how can you be expected to risk your own safey?