Liability ??

[cldomson1]

For the boat owners out there, what kind of liability do we assume taking other diver's out on our boats?? Has anyone looked into this or had any problems with injuries or lawsuits on their boats? Also, what kind of safety gear do you guys normally carry with you? Does anyone bring pure medical grade O2 to treat DCS? Just wondering if I'm prepared for an emergency at sea.
Thanks, Charlie

[Ironhed]

I have signed a waiver for gradyman which I had no problem doing so as it is on me if I screw up and get hurt. I would have everyone sign something that releases you from being responsible if an accident occurs.

[bhowell]

I personally think we take on a tremendous amount of liability. I only take out people I know, or someone else will vouch for. My insurance policy specifically states "no coverage for scuba." I think if you have a "instructors cert." you may even take on more liability.

However, I am more likely to hit a damn bridge while running my yap then get somebody hurt diving. Liablility every where.

As far as safety equipment, i keep: AL80 100% 02, life raft, personal EPIRB and extensive medical bag. And a case of beer hidden from everybody, just in case we run out!

[ROCK BOTTOM]

The diver can sign his rights away but not the rights of his widow or children. Something to think about.

Zz

[riplipper]

Unless your "for hire" I dont think coverage is nessessary unless negligence could be proven....I am no lawyer and I hope one chimes in but is scuba any different from fishing, skiing, or just riding in your boat???
I have no up front fees for guest on my boat.....when we return to dock I take a look at fuel used and most chip in their share of the fuel used...nothing more...

again I hope a lawyer chimes in....

[cldomson1]

Originally Posted by bhowell

I personally think we take on a tremendous amount of liability. I only take out people I know, or someone else will vouch for. My insurance policy specifically states "no coverage for scuba." I think if you have a "instructors cert." you may even take on more liability.

However, I am more likely to hit a damn bridge while running my yap then get somebody hurt diving. Liablility every where.

As far as safety equipment, i keep: AL80 100% 02, life raft, personal EPIRB and extensive medical bag. And a case of beer hidden from everybody, just in case we run out!

Where do you get the 100% O2 fill from, and how often do you change it? What do you keep in the medical bag??

[bhowell]

Originally Posted by cldomson1

Where do you get the 100% O2 fill from, and how often do you change it? What do you keep in the medical bag??

Medical bag comes from: http://www.aeromedix.com/?_siteid=ae...sku&sku=medkit

it runs $333. The bag is pricey, but it is something I use all the time. It is designed for big and little problems. He gives a list of all the supplies in the bag if you want to make your own.

The same company I bought the medical bag from, sells O2 equipment very similar, but cheaper then DAN. I have my bottle filled at the local dive shop. You need advanced nitrox certificate. I replace the O2 every year. A LP Steel tank would work much better for the O2.

[BLACKFIN]

Please do not imply or construe the following as legal advice applicable to your specific situation - just general ramblings which may or may not be applicable in your state (CYA statement):

"For Hire" may imply additional liability issues. Guests on board still pose liability issues due to the inherent risks associated with freediving/spearfishing/ocean-going. A standard form waiver/general release of liability/assumption of risk is a good solution. In most states, a prospective 'plaintiff' may prospectively release you from simple or general negligence, but if you are reckless, a pre-signed release usually will not be effective or enforeable. It's against public policy to release a person from his own reckless or intentional conduct which results in death or injures to others. No matter what type release form is signed, it doesn't mean you won't get sued (even though ultimately there will be a finding in favor) and spend thousands of dollars in defending yourself. With general liability insurance, the defense costs and attorneys' fees will be incurred and usually paid by the insurer. Just make sure you carefully read the all the exclusions from coverage set forth in your policy. Know what you are insured for.

Kevin
Webb & Carey, APC
San Diego, CA

[WreckDiver]

Originally Posted by bhowell

A LP Steel tank would work much better for the O2.

Yep, That is what I have on my boat, It allows you to have a full fill as most dive shops dont have a booster pump for O2.

[Denny]

Rock is so right.

However, if you want to worry about liability, you may never leave the dock.

I once stitched up a lawyer's leg (butterflys) after he fell on a yacht due to the yacht owner's serious negligence. The lawyer did not sue me for practicing med without a license and he did not sue the owner. The lawyer took it as a day at sea, where we all assume some additional risk.


The spearfishing community is not one prone to lawsuits, at least not around here. If you talk with someone and feel comfortable with them, take them diving. What a great way to get to know people.

[BLACKFIN]

See, not all lawyers sleep with the sharks.

[Christof]

Originally Posted by Ironhed

I have signed a waiver for gradyman which I had no problem doing so as it is on me if I screw up and get hurt. I would have everyone sign something that releases you from being responsible if an accident occurs.

I have to wonder if a liability waiver is as good as a pre-nup....Seems anymore that scum-of-the-earth lawyers can make a pre-nup worthless.... I'm sure they could find a way to slither around a liability waiver also... i.e., "he was so excited about diving, he had no idea what he was signing, he thought it was an agreement not to bring bananas on board", etc....



Too bad we even have to worry about being sued by someone we take along with us isnt it....

Christof

[BLACKFIN]

I'd take that bet any day if the release/waiver was properly worded and the negligence didn't exceed general. As I said, it would prevent you from being sued, but I'd rather have a release in my back pocket than not.

[webers2]

Hey. . . To attack lawyers for being lawyers shows you don't know shit.

Shit happens. Lawyers help the shitter and shittee pick up the pieces and make the best of Shit. They get to wade through, but don't take that shit.

[WreckDiver]

Originally Posted by webers2

Hey. . . To attack lawyers for being lawyers shows you don't know shit.

Shit happens. Lawyers help the shitter and shittee pick up the pieces and make the best of Shit. They get to wade through, but don't take that shit.