How accountable...

[OSOK]

... can a dive buddy be held for his/her partner's safety?

This came up after reading about Gabe Watson. Fine, he pleaded guilty, but can scuba divers in general be held accountable, to the point of prosecution, for their buddies' safety?

This is not a yes/no answer... just wondering what everyone thinks about the subject.

 

[rockjock3]

Part of it might depend on state laws, but I am not a lawyer. I suspect that if you were rescue/DM/Instructor qualified and just sort of sat there and watched something happen to them, without trying to do something within the realm of your training, then a lawyer might have something to stand on.

I try to avoid that problem. When I go diving I always dive solo, but just happen to have people around me.

 

[Thalassamania]

I don't know about the legal obligations, just the moral ones. If you and I go diving as buddies, you have my solemn pledge that I will not exit the water alone, and I hope that feeling is mutual.

 

[meierdierck]

not a lawyer either, but being familiar with Ems/ first responder law, I am FAIRLY certain, it would come down to:
1. did your actions cause further harm
2. what would a reasonable & prudent person with similar training do
3. extenuating circumstances and mitigating factors
4. standard of care, and reasonable expectations, esp considering level of training, OW has less responsibility than rescue diver, instructor has more than DM, etc

no one has an obligation to give aid, especially if it could cause harm to themselves, and divers sign enough waivers that they should be aware of the risk involved, and choices made
as long as you act responsibly, within your level of training the rest is up to you.

 

[meierdierck]

I don't know about the legal obligations, just the moral ones. If you and I go diving as buddies, you have my solemn pledge that I will not exit the water alone, and I hope that feeling is mutual.

no offense intended, but that is why more than half of the people rescued in swift water scenarios are "would be " rescuers...sometimes it is better to get help than become a statistic...BUT that is a personal choice...are you better off doing CPR or getting the ambulance on its way, you have to ask what is going to do the victim the most good

 

[Thalassamania]

Well ... no offense, but then there's the rule about strokes. I guess those that follow that rule account for the other half.

 

[meierdierck]

Well ... no offense, but then there's the rule about strokes. I guess those that follow that rule account for the other half.

what are you talking about?

 

[bowlofpetunias]

... can a dive buddy be held for his/her partner's safety?

This came up after reading about Gabe Watson. Fine, he pleaded guilty, but can scuba divers in general be held accountable, to the point of prosecution, for their buddies' safety?

This is not a yes/no answer... just wondering what everyone thinks about the subject.

There is some concern regarding the decision regarding Watson and how it may impact the dive industry. There is a current thread on the topic with active legal professionals participating. Excuse the pun but "the Jury" (actually the Judge in this case) is still out. It will be interesting when the appeal is completed and the ruling is made public.

There is some question as to whether this case will qualify as a "Precedent". Extenuating factors such as the relationship, training levels and "Duty of Care" between the Watsons could easily indicate a greater requirement than the "average" buddy pairs.

not a lawyer either, but being familiar with Ems/ first responder law, I am FAIRLY certain, it would come down to:
1. did your actions cause further harm
2. what would a reasonable & prudent person with similar training do
3. extenuating circumstances and mitigating factors
4. standard of care, and reasonable expectations, esp considering level of training, OW has less responsibility than rescue diver, instructor has more than DM, etc

no one has an obligation to give aid, especially if it could cause harm to themselves, and divers sign enough waivers that they should be aware of the risk involved, and choices made
as long as you act responsibly, within your level of training the rest is up to you.

That is the current situation here in a nutshell. Generally there is no requirement to "rescue" unless there is a Duty of Care. A Duty of Care exists if you are being paid to render that care (Instructor or staff on the job), Parent, or you accept the Duty of Care by commencing the rescue. Duty of Care is generally extinguished when the rescue becomes too dangerous for the rescuer to continue.

 

[diver 85]

Prosecution???, what can you be prosecuted for, saving your own life??.......

 

[fairybasslet]

Whether or not you are ultimately held responsible in a court of law is almost beside the point. If the family of your buddy is vindictive enough to blame you for his death or disappearance, then the money you would spend on an attorney defending yourself, not to mention the emotional turmoil, is *punishment* enough. I have never heard of this happening so I guess most lawyers are smart enough not to take on a case like this. It's like blaming your tennis partner if you break a leg or have a heart attack on the tennis court.