Waivers on private boats?

[FireDiver443]

For the record, I do keep a well stocked first aid kit and oxygen (me and wife are both paramedic's) and I do brief guests on the boat/safety very similar to the boat briefing when on a "charter boat". I treat every trip as if it were a charter and maintain a high level of safety, for those reasons already mentioned. Because of my status as a paramedic, and a divemaster, I feel I would be judged againist a higher standard of care due to documented formal training.

 

[matt_unique]

I'm a licensed Captain but when I'm on my private boat I'm not there acting in a paid commercial capacity. Sharing expenses does not constitute payment or any implied contract. I don't have guests sign waivers. No waiver will absolve you of negligence and the lawyer will go where the money is period. If you have some kind of policy it means you are covered up to the amount of that policy, not necessarily what you would be sued for.

Be careful with who you bring out on your boat and be as proactive as possible in making sure they don't get hurt. That is really all you can do if you want to enjoy boating/diving with your friends.

 

[captain]

If your guests kick in for gas then you are effectively chargeing them to go out on your boat.

If you do not ask them to kick in for gas as a requirement for taking them out the USGC has ruled that it is not considered a payment and you are not operating as a commercial business. Your libility would not be increased.

 

[captain]

I check with my lawyer on liability if someone had an issue and what is my responsibility. A waiver is not worth the paper it is printed on. Adequate insurance covering any problem that one can foresee is the best protection. I carry all the recommended and required safety gear. Also in the event of a problem as long as the person is not in worst shape because of something you did (heart surgery instead of suppling o2) then you might beat being sued. Can not stress enough that insurance which is another expense seems to be the best bet

Insurance that covers the boat and passengers generally does not cover a diver once he leaves the boat and is in the water.
When I was in the charter boat business my marine boat libility insurance did not cover diving accidents to diver in the water.

 

[PatMyGreen]

On my charters I do have my customers sign a waiver, but only because my insurance company makes me. The real protection afforded by a waiver is that might dissuade a person without a legitamate claim and with little understanding of the law from making the effort to call a lawyer and kick off the festivities in the first place. Again the key word is negligence to kick off a law suit.

Insurance that covers the boat and passengers generally does not cover a diver once he leaves the boat and is in the water.
When I was in the charter boat business my marine boat libility insurance did not cover diving accidents to diver in the water.

Your boat insurance policy won't cover them, but your DiveMaster insurance (or higher) will cover them, so tack on another $700 dollars to your yearly operating costs. You do also have to be acting in a supervisory capacity, not just sitting back scrimshawing a new peg leg or sharpening your hook hand.

 

[oly5050user]

If you do not ask them to kick in for gas as a requirement for taking them out the USGC has ruled that it is not considered a payment and you are not operating as a commercial business. Your libility would not be increased.

this is what I have been informed by USCG of also.As long as there is not a profit shown.Used to be if they brought a six pack on board and you had one it was considered payment.With gas at the dock going for $4.00 or more a gallon this coming summer my friends know the costs involved and always chip in without being required.If they don't then next week there is no space on board
Oh,and yes I use a standard PADI boat/travel waiver on board.Use it one time for an individual for the season.Don't know how much good it truly is,but makes people aware to be responsible please..

 

[OceanObsessed]

The coast guard updated/clarified the rule regarding passengers for hire. See:
SEC. 506. PASSENGER FOR HIRE

Now you can make your buddies bring food and drinks without having a captains license

 

[DeepSeaExplorer]

If you're asking people to sign waivers, then it gives the appearance of running an unlicensed commercial operation. I would think you're inviting more trouble.

I would rather argue that having a friend dive from my boat doesn't make me liable for their diving accident as a single issue, rather than complicating things by having to simultaneously argue that I'm not running an illegal dive operation.

They're naturally going to assume that your illegal operation contributed to the accident, presumably because you didn't meet the minimum requirements for operation. I know I would...

 

[PhilEllis]

.........A waiver is not worth the paper it is printed on.......

To be honest, maybe you should check the local laws in your own state. Waivers are viewed as contract in most states and are well protected, as long as you follow the guidance of court cases in the construction of the waiver.

Phil Ellis
Discount Scuba Gear at DiveSports.com - Buy Scuba Diving Equipment & Snorkeling Equipment

 

[divinginn]

is it me or there way too much lawyerism going on where every time i turn around i have to worry about being sued,i take folks out on my boat to do some diving from time to time and i really hate having to worry about being sued for something that is out of my control.I think all the people need to stand up and let the politician lawyers know we have had enough. finish rant