Who's liable when boat diving

[GrumpyOldGuy]

Liability depends to an extent on how has the deepest pockets (financially). Lawyers are smart and will seek to place the blame on those with the financial means to pay compensation. Not fair, but that is how it works in the US.

 

[Steve50]

Usually the diver is responsible for the dive, unless in the US - then everyone else is...

 

[highflier]

Usually the diver is responsible for the dive, unless in the US - then everyone else is...

Chuckled then got sad.

Highflier

 

[DivemasterDennis]

I offer the following as a dive professional and practicing trial lawyer, who has been practicing for over 30 years. Liability is not related to"deep pockets," nor does it vary much from jurisdiction to jurisdiction. Liability is always fact specific, meaning that losing a diver in one scenario could render the dive boat company liable to the diver (or their survivors) where on slightly different facts, there would be no liability. What can be said, though, is a dive bot operator is not a guarantor of the safety of a diver from any and all causes of injury or problems a diveer might possibly encounter on a dive from that boat. The original poster does not present sufficient facts or information in the scenario to answer the question. All divers should be safe divers, following safe profiles, rules of the boat, and be decent navigators if not staying with the divemaster led group. Rather than discussing liability in generalities, effort is better spent on keeping the question for ever arising.
Dive safe, dive with a buddy, and have fun!
DivemasterDennis

 

[ScubaSteve1962]

I offer the following as a dive professional and practicing trial lawyer, who has been practicing for over 30 years. Liability is not related to"deep pockets," nor does it vary much from jurisdiction to jurisdiction. Liability is always fact specific, meaning that losing a diver in one scenario could render the dive boat company liable to the diver (or their survivors) where on slightly different facts, there would be no liability. What can be said, though, is a dive bot operator is not a guarantor of the safety of a diver from any and all causes of injury or problems a diveer might possibly encounter on a dive from that boat. The original poster does not present sufficient facts or information in the scenario to answer the question. All divers should be safe divers, following safe profiles, rules of the boat, and be decent navigators if not staying with the divemaster led group. Rather than discussing liability in generalities, effort is better spent on keeping the question for ever arising.
Dive safe, dive with a buddy, and have fun!
DivemasterDennis

Here's what started the discussion between me and a dive buddy. You will see from the article, it seems proper procedures were followed, they realized the diver was missing, and contacted the proper authorities. I'm relatively new to diving, and my dive buddy has been diving for years, but it seems he's never done any ocean/boat diving, and I have. I see how a diver could get lost and it really isn't anyones fault, and know one is liable, and he says it should never happen. I never go with a dive op that doesn't provide guides, and even though I'm assigned a buddy, I understand I'm responsible for my own safety.

http://virginislandsdailynews.com/news/diver-describes-being-lost-at-sea-1.1244248#axzz1h589pSWl