Liability for loaning equipment

[El Buzo Loco]

Like a lot of other divers I have a retired BCD that's still in good shape, a spare reg and other stuff.

From time to time I will loan out this stuff to a diver in training or someone who needs something for a trip.

What sort of legal liability am I exposing myself to by loaning out dive equipment?

 

[TexasMike]

Possibly a lot. *IF* something were to happen, the service record and your prior maintainance/storage practices would be called into question. You might successfully defend, but you still have the headache and expenses.

An idea would be flip the diver a equipment waiver similar to what's on the rental forms from the shops. Be sure to include a "Statement of Understanding" that is seperately signed and includes anything and everything you think should be in there to protect YOUrself.

--TM

 

[scubasean]

El Buzo Loco once bubbled...
Like a lot of other divers I have a retired BCD that's still in good shape, a spare reg and other stuff.

From time to time I will loan out this stuff to a diver in training or someone who needs something for a trip.

What sort of legal liability am I exposing myself to by loaning out dive equipment?

You loan equipment to strangers? Quite a nice person, if you ask me.

As for liability, do you have insurance that protects you against negligence? Your homeowners insurance (if you have some) may cover it. I sometimes tell people that it often isn't the judgment I'm most afraid of, but the cost of defending.

If you are concerned, please contact your local legal beagle...

Sean

 

[redacted]

I guess lending someone a cup of sugar or changing some old lady's tire must be entirely out of the question!

I help other folks, even strangers, when I can. What the hell would this world be like if everyone stopped helping others? I guess I'll just have to suffer any liabilities.

I wonder what the liability is for things said on this board?

 

[Tekdiver]

I can tell you what the world would be like, but you'll have to sign a waiver first !!

Seriously the liability could be quite high but like you I loan gear out quite often. Unfortunately for us, we live in a very litigious society where anyone can be sued for practically anything. That being said, let’s take a practical look at the situation.

Loaning any gear that is in good and serviced condition to a student is generally a pretty safe bet. The student is in (read that SHOULD BE in) a controlled environment while with his/her instructor(s) and dive master(s). Loaning any gear to someone doing open water diving is another matter all together. You are more liable when loaning “life support” gear like regulators, tanks or BC’s than “non-life support” gear such as knives, lights, camera’s and the like. The reasons should be obvious. The big consideration for me is WHO am I loaning gear to and what is the likelihood they will encounter problems with the gear. This must be done on a case-by-case, day-by-day basis.

Let me give you an example of how out of hand these types of things can get. Several years ago an instructor at a shop I was involved in what is best described as an incident. The instructor had a female advanced open water student at the lake. There were supposed to be three students but two didn’t show so it was essentially a private class. Anyway the student’s boyfriend, a newly certified open water diver, came on the trip with her. Long story short. When the instructor and student were headed out for the deep dive portion of the class, the boyfriend wanted to tag along. The instructor flatly refused and demanded that the boyfriend remove his gear. As he did this the instructor and student proceeded to the water. At about 80 feet, low and behold, here comes the boyfriend headed straight down. The instructor attempts to grab the guy and pursues him to 100 feet to no avail. The instructor can’t take the student past 100 feet so he can’t go any further. The instructor surfaces with the student and immediately begins search and rescue efforts with 50 or so other divers. No body is found and after several hours of searching by divers on site and the local professional SAR dive team. The instructor is cleared by the certifying agency 30 minutes after he exits the water and no criminal charges are pressed.

I was not the instructor or the shop owner so what does this have to do with liability? I was named and subpoenaed in the civil case brought by the man’s family and thus had to hire an attorney. Who was I in this…… I was the guy that did the visual on the shop rental tank the INSTRUCTOR had on his back at the time. The plaintiff’s lawyer was grasping at straws in a case he ultimately lost (and I’m sure was handsomely paid for the failure). So one man died, the lawyers made out and everyone else paid up.

The moral: Life can be tricky. Use your head and proceed at your own risk.
:boom:

Marc

 

[scubasean]

Tekdiver once bubbled...
I was named and subpoenaed in the civil case brought by the man’s family and thus had to hire an attorney. Who was I in this…… I was the guy that did the visual on the shop rental tank the INSTRUCTOR had on his back at the time. The plaintiff’s lawyer was grasping at straws in a case he ultimately lost (and I’m sure was handsomely paid for the failure). So one man died, the lawyers made out and everyone else paid up.

The moral: Life can be tricky. Use your head and proceed at your own risk.
:boom:

Marc

Which is why I said it isn't often the judgement, but the cost of defending you need to pay attention to.

 

[Gilligan]

The answer to your question is an easy one El Buzo Loco:
If you live in America you are liable for everything you do. If you have no assets then lawyers won't sue you. If you have assets there is likely a lawyer somewhere out there that will sue you.
:shades:

 

[whitelief]

First thing: Releases are extremely effective, and most courts I know will uphold them.

Second thing: The standard generally being discussed is ordinarily a negligence standard. The test is that of a "reasonable man" under the circumstances. In other words, you are liable if you did something a reasonable person would not do, or failed to do something a reasonable person would do under the circumstances, assuming you owed the person a duty of care (a second independent question), and then you would be liable only for damages caused by your negligence. So if the other person were comparatively or contributorily negligent, their recovery is barred or reduced. Where there are multiple people responsible, many states limit your contribution to any damages award by your level of responsibility.

Third thing: Your insurance should provide for the cost of defense. A good thing for people to do is to have lots and lots of insurance. It gets cheaper as you buy more. That way, if you really are negligent (and sometimes we are if only as a matter of inadvertance), then everyone is protected and everyone is compensated. And speaking of insurance, if you drive a car, make sure your uninsured motorist/underinsured motorist coverage is adequate to protect YOU. Ask your agent if you don't understand. And speaking even more about insurance, compare companies. Some really really suck.

Fourth thing: I bet that lawyer did not get squat.

Finally: Yup, I'm a lawyer, and here's my disclaimer: The foregoing was not legal advice, it was only friendly chatter informed by a few years of living. If you want or need legal advice, be sure to contact a lawyer licensed to practice in your jurisdiction who is familiar with your particular area of concern, and get recommendations from others if the matter is serious.

Good diving to you!