Any ways of limiting liability for taking others out diving on your boat?

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grey2112

Contributor
Messages
144
Reaction score
47
Location
New Port Richey FL
# of dives
100 - 199
Other than not doing it at all, I'm wondering if there is any way to mitigate or offset lawsuits in the (hopefully unlikely) event that someone I invite out on my boat to dive has an accident. I know waivers are not worth the paper they are printed on - anyone can sue you for anything. But would I as the captain of the vessel be obligated to have O2 on board, be CPR/First Aid certified as well as Rescue/Distressed Diver certified? As long as I am not charging $ for the trip, does this mean it is similar to just having a few friends out on my boat? I assume my liability insurance that I carry for my boat will help, but what if a diver dies while doing a dive off my boat?
 
I guess make sure the divers are insured themselves: DiveAssure, DAN, normal health insurance... Don't take anyone you don't know well.
 
What do you have against waivers? They have saved me many times. They tell the judge the mindset of the diver when they went on your boat. Yes, you can be sued for anything at any time. A waiver is a tool to give your lawyer something to fight back with.

Look up in Justia DeWolf vs Kohler. Specifically, the waiver was upheld. I know it was Texas, but Texas is a not waiver friendly state. Florida is a waiver friendly state.
 
Do you ask everyone who comes aboard your boat can they swim and if they can't how would you handle it. Are you taking total strangers diving or or these divers you know and have dived with before in another setting. I would assume you have some knowledge about the divers you are considering taking out, use that knowledge to decide who you should or shouldn't take. You can be sued if someone slips and falls and breaks a bone on a wet floor in your house.
People are too worried about litigation.
 
Is there a place to find a nice blanket/blank waiver that I can modify to my own needs? I figure anyone who refuses to sign it is sort of letting me know something, and I won't let them come with me. I guess it couldn't hurt, and also sort of reminds people that this is serious business and they should do what they can to stay safe.
 
The Problem is in most states you cannot waive the rights of another and since the Spouse has specific rights to sue for loss you will always have that liability. See Wayne's World or Wes Skiles law suits. The only hope is that you put something in your will stating that if you die doing something fun, Stupid, Dangerous etc. and by no fault of anyone else you die you would ask your loved ones to not sue. See if the PI lawyer tries to suppress the will, but at least you have made your last wishes known.
 
$1, 000, 000, 000 personal liability insurance rider.

Sent from my SCH-I535 using Tapatalk 4
 
Get the spouse and anyone in the family over 18 to sign as well?
 
Grey 2112, you presume wrongly in answering your question. A properly drawn release can offer protection from liability. However, if you as the boat operator know that there will be scuba diving on your boat, you still are required to act as a reasonable person would under the circumstances. That would likely include having )2 on board and knowing haw to administer it; having a safety plan with ready telephone access to emergency medical services, Coast Guard, and the nearest deco chamber. You do not need to have the credentials you list, but if you did, then your standard of care will be higher. Also, it will make a difference as far as responsibility and liability if people are paying you for the excursion as opposed to taking a few friends out to the reef for fun. You should also read your insurance policy concerning what is covered and what is excluded. Everyday thousands, maybe tens of thousands, of boats take people diving without anxiety, because they have engaged legal counsel to prepare proper forms, have formed an appropriate emergency plan, and follow it. I caution you to not trya and get answers to important legal questions from unqualified people. I have practice law for 35 years, and still do. What I have shared here is not enough to answer your question. If you are going to run a dive boat, volunteer or otherwise, spend a little money preparing to do so from a legal perspective, paying your own lawyer, who you want to be sure is himself insured, so that any issue can fall back on the lawyer if they steer your wrong.
DivemasterDennis
 
PADI has a bunch of waivers for different situations, and for members, will revise them to suit your needs.
 
https://www.shearwater.com/products/peregrine/

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