What would you do in this situation?

[PerroneFord]

Like people always to have actual grounds to sue someone? Maybe they won't win, but it could still be a headache.

A suit has to have grounds, or it can be dismissed with Summary Judgement before the court date. So yes, there has to be grounds. Probably the only one that might appear here is negligence, but that would have to be filed against the operator since the participants sign no contract with each other.

 

[HowardE]

again I could be a clueless blond newbie to diving...but common sense prevails that if there was a pre dive discussion...this would've been communicated between both parties and then our troubled member would not be troubled w/ leaving his assigned buddy because it was decided pre dive to part ways once below

If it was pre-determined to each do a solo dive, but to enter the water together to appease the dive op, would that be ok to me? Sure. But I wouldn't mind going solo in this particular situation. Would other people just say, "stay with your buddy" again and again like a mantra? Definitely

......he would've been w/ the group...enjoying his dive....and the gear head would've been sitting there playing w/ his gear to his hearts content........and this thread would not even exist....

Most likely yes. But it is a pretty decent "what if" scenario.

 

[minnesota01r6]

A suit has to have grounds, or it can be dismissed with Summary Judgement before the court date. So yes, there has to be grounds. Probably the only one that might appear here is negligence, but that would have to be filed against the operator since the participants sign no contract with each other.

This is not legal advice, but:

You don't have to have a written contract in order to have a duty. The "dive buddy" as popularly used would give rise to a duty of care. That duty would be a duty to behave as a reasonably prudent diver under the same circumstances.

I'll leave it to you to determine what a reasonably prudent diver would do in this case.

EDIT: see threads below for more discussion on buddy liability:
http://www.scubaboard.com/showthread.php?t=143330&highlight=liability
http://www.scubaboard.com/showthread.php?t=144306&highlight=liability

YMMV, please consult a qualified attorney in your jurisdiction.

 

[KBeck]

Well, I don't honestly know what I would have done with a buddy like that.

BUT...one thing I always do is volunteer to carry the dive flag. The one with the flag is never lost, and sets the direction of the dive. If others don't follow, then it's not much my problem.....drift diving in Palm Beach doesn't leave much room for going back to look for those who don't stick with the flag..................

 

[waterbearer]

Well, I don't honestly know what I would have done with a buddy like that.

BUT...one thing I always do is volunteer to carry the dive flag. The one with the flag is never lost, and sets the direction of the dive. If others don't follow, then it's not much my problem.....drift diving in Palm Beach doesn't leave much room for going back to look for those who don't stick with the flag..................

Unless you want to hang onto a rock and wait.

 

[PerroneFord]

This is not legal advice, but:

You don't have to have a written contract in order to have a duty. The "dive buddy" as popularly used would give rise to a duty of care. That duty would be a duty to behave as a reasonably prudent diver under the same circumstances.

I'll leave it to you to determine what a reasonably prudent diver would do in this case.

Would not the other party requesting you leave them and go on (multiple times) not be seen as an implicit release of that duty? Something tells me the courts will not be eager to shape the casual relationship of two vacationers on a diveboat as a legally bound duty.

Were it me in this scenario, I would point out that I had ascertained the diver was in no danger and made a conscientus decision to ask me to leave. I might have him respond in writing on my wetnotes for CYA purposes. Beyond that, if he wants to find his own way to the boat, have at it.

I would NOT leave a buddy who did not want to be left, and I would NOT leave a buddy if I was not comfortable on my own. Fortunately, I have not had to deal with the instant buddy scenario. And I am not looking forward to it.

 

[minnesota01r6]

Would not the other party requesting you leave them and go on (multiple times) not be seen as an implicit release of that duty? yes, I would think so Something tells me the courts will not be eager to shape the casual relationship of two vacationers on a diveboat as a legally bound duty. Courts have found a duty to exist between dive buddies. I'm not aware of any cases having to do with "insta-buddies" but I would guess the duty would still exist because it arises out of the fact that you are both made safer in diving by having a buddy

Were it me in this scenario, I would point out that I had ascertained the diver was in no danger and made a conscientus decision to ask me to leave. I might have him respond in writing on my wetnotes for CYA purposes. Beyond that, if he wants to find his own way to the boat, have at it.In this set of facts, I completely agree

I would NOT leave a buddy who did not want to be left, and I would NOT leave a buddy if I was not comfortable on my own. Fortunately, I have not had to deal with the instant buddy scenario. And I am not looking forward to it. I would do the same, and I don't like insta-buddies either

My response is in bold - I was just making the point that a contract doesn't need to be signed in order for a duty to arise.

 

[TheRedHead]

My response is in bold - I was just making the point that a contract doesn't need to be signed in order for a duty to arise.

Maybe if you're going to split up, you should sign a wetnote agreement. :lol:

 

[PerroneFord]

Good response. I don't think it would much of a stretch to say you were forced or coerced into a duty by the operator. Insta-buddies would need to be seen differently because you have no choice in the matter.

This will be interesting if a test case comes up. I do think the standard should be higher for agreed upon buddies.

 

[HowardE]

Personally, if I had to worry about buddy suing buddy - that would suck.

I'm glad my wife is my dive buddy.