Loaning out gear and liability issues...

[NauticalbutNice]

Kidspot - it's divers like you that allow people like me to dive :07: . I don't have my own gear and I have to borrow a lot.

As one of those who borrows kit I believe there's pretty much a "gentlemans" agreement (even though I'm a girl!!!)

If I lose/break/damage something it's my responsibility. I borrowed it I should replace/repair it.

If your equipment fails on me - it's both our faults. You should service your gear properly and I should be wise enough to recognise bad gear/not trust someone who doesn't keep their stuff in the appropriate manner!

Since I know the guys I borrow gear from regularly, I trust them. And in the unlikely event I somehow end up pushing up the daisies I would hope that they would be regarded as blameless unless they had explicitly caused it.

Kidspot I salute you. You are an absolute sweetheart :07:

Nauticalbutnice :fruit:

 

[PaulChristenson]

I think you should run this by your family attorney...

I have seen people ride at friends' stables for years until there is an injury and if its bad it becomes the driving force for a lawsuit....friends are friends no more :-(

A release document can go a long way to protect you....but it will not stop you from being sued :-(
but it may help you win...

Paul in VT

 

[wedivebc]

Do any of you not lend other items to friends that could cause harm. Automobiles and and power tools come to mind. Come on folks.

Thank-you skipper for adding a touch of sanity to this thread. Now before I say any more I should mention as a Canadian our legal system does not have the amount of large civil suits you guys have but lending dive gear should be no more risky than any of the above mentioned commonly lent items. If I have to consult an attorney before lending someone my skill saw or a regulator our society is in serious trouble! :11:

 

[markfm]

I don't lend my car, or chainsaw, to minors. That's why I asked about knowing that they are properly certified, that I'm comfortable with their skills, and making sure their parents are knowledgeable about diving (and its inherent risks).
An analogy -- I'd have no problem having teenagers along when I lead a day hike, but my caution level increases a lot if I'm doing winter ice climbing, want to make sure that they know their stuff and that their parents are aware that this isn't a typical two hour walk in the woods.

 

[kidspot]

Wow - lots of questions since I went to bed last night...

1) all certified divers (ages 14-17)
2) Most have at least one parent who is certified (one is not, but understands it quite well)
3) I sell the gear about every 6 months (trying to sell it to various buddies as they can afford it) so it's all quite new gear at this point.
4) most in this group were certified with me or before, I am the oldest (ok - ancient in their eyes ) but the most recently certified (though I have the most experience as I dive 2-3 times each week)
5) I am friends with all of their parents, but their kids and I do a lot of things together (hiking, snorkeling, and now scuba)

Hopefully that answers some of the concerns ...

btw - I won't take anyone diving that is not certified - and I have a lot of people ask ...

One more thing ... I didn't post this to decide what to do, rather I assume this is a fairly common practice and I wanted to spark some discussion about the issue and how others deal with it ...

Aloha, Tim

 

[AlaskaDiver]

Kidspot,
Who hasn't borrowed gear? I think the major difference in just loaning out the gear is that you are diving with the person and appear to express genuine concern for their safety. It is also evident that you are using basic common sense and are having the gear serviced. It is great of you to help others get into the sport. Common sense is the key in loaning gear (of any kind) to others.