I am wondering if a simple dive club need liability for incidents that may happen on a club pickup dive or trip?
Does a dive club need liability insurance
- Thread starter johnmckenzie
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The officers of the club have exposure to liability. Does the club NEED liability insurance? Do the club officers have anything for a mad widow to take? Everyone's tolerance to give their life's savings to a stranger is different. The decision should be up to the officers.
lavachickie
Contributor
Is there anyone who has worked with an independent club to obtain insurance, and has any recommendations about company, etc.?
I'm still sorting out the details, but our club was covered the past few years by a member who put a rider on their DM insurance that covered us. There are many options out there and I'm just looking into the details and costs. We do use a two-tier waiver -- one when you sign up for membership to the club, and another form signed before each club dive by each attendee. But I'd love to hear what others are doing.
I'm still sorting out the details, but our club was covered the past few years by a member who put a rider on their DM insurance that covered us. There are many options out there and I'm just looking into the details and costs. We do use a two-tier waiver -- one when you sign up for membership to the club, and another form signed before each club dive by each attendee. But I'd love to hear what others are doing.
BDSC
Contributor
I was an officer in a dive club for three years. (Vice President) We actually had an attorney who was part of the club and we asked this very question. He said we didn't need it so we never got it. We would do club outings like cookouts and overnight camping at some of the local quarrys that included diving but according to him, we had no liability is someone was hurt or injured. It seemed as if most of the quarrys you go to have you sign a waiver to dive there.
clownfishsydney
Contributor
In Australia, or at least New South Wales, you cannot get any insurance that covers liability for members from other members. You can get cover for the public and that is what we have. Really all it covers is if a member drops a tank on a passer-by or burns them with our barbecue.
This is dependent upon jurisdiction; some areas it may not be required, while others it may be. I've been involved as a Club Instructor for 45 years. I list the club as a named insured with instructor liability insurance. In other words, if I (or the Club) gets sued as a result of a training accident, they are covered. This doesn't however cover other club dives or activities. I suspect that most pools are insured and the pool owner has a liability insurance policy which may include those who contract time with the facility (something to look into).
Generally speaking, the Board of most non-profit corporations don't have a high risk of liability. Because of this insurance isn't expensive. That said, every club I've been involved with has a liability policy. As the risk is low, so is the premium. If it allows the Board to sleep better; it's a good investment.
Generally speaking, the Board of most non-profit corporations don't have a high risk of liability. Because of this insurance isn't expensive. That said, every club I've been involved with has a liability policy. As the risk is low, so is the premium. If it allows the Board to sleep better; it's a good investment.
njdiver1
Contributor
It is best to start by having the club establish itself as a 501 C7 Non-profit with the IRS, then as a Non-profit with your State Treasury. These steps will establish your club as a tax exempt Corporation and help shield your Officers from personal liability.
Yes!
I will use an example: I own a company in which I have independent contractors working on my job. As with all independent contractors, I am doing the scheduling and tell them when and where it will be their turn to complete their specialty portion of the job. (say tiling) He comes in and does the job and gets himself hurt. Does he qualify for unemployment/workmans compensation paid for my me? He is an independent contractor. Who is responsible for the unemployment/workmans compensation costs? Me? or the Independent Contractor?
Well, here is the bad news. Per the State of Ariznona Board of Workmans Compensation - The minute you tell someone they have to be there at a certain time or or day constitutes the fact that you are in charge and negates the (Idependent Contractor). Thus inturn making him an employee and therefore afforded the same benefits as a regualar employee.
Owning and operating an airplane. FAR's used to state that a commercial pilots license is not required provided that the group shares in the cost of the operation of the aircraft from point A to B. If the owner of the plane contributes 0.01 Cent to the cost of the flight then it was not a commercial flight. Hence no commercial insurance required and could operate soely on recreational insurance. (Huge Cost) However, the FAA caught wind of this and changed the rules.
It is looks like a duck, if is quacks like a duck, swims like a duck...... It is a duck.... A group insurance plan is always best. Shop around as prices do vary. Usually the companies have a box specifically for Dive Clubs/Organizations. Not to expensive either.
I will use an example: I own a company in which I have independent contractors working on my job. As with all independent contractors, I am doing the scheduling and tell them when and where it will be their turn to complete their specialty portion of the job. (say tiling) He comes in and does the job and gets himself hurt. Does he qualify for unemployment/workmans compensation paid for my me? He is an independent contractor. Who is responsible for the unemployment/workmans compensation costs? Me? or the Independent Contractor?
Well, here is the bad news. Per the State of Ariznona Board of Workmans Compensation - The minute you tell someone they have to be there at a certain time or or day constitutes the fact that you are in charge and negates the (Idependent Contractor). Thus inturn making him an employee and therefore afforded the same benefits as a regualar employee.
Owning and operating an airplane. FAR's used to state that a commercial pilots license is not required provided that the group shares in the cost of the operation of the aircraft from point A to B. If the owner of the plane contributes 0.01 Cent to the cost of the flight then it was not a commercial flight. Hence no commercial insurance required and could operate soely on recreational insurance. (Huge Cost) However, the FAA caught wind of this and changed the rules.
It is looks like a duck, if is quacks like a duck, swims like a duck...... It is a duck.... A group insurance plan is always best. Shop around as prices do vary. Usually the companies have a box specifically for Dive Clubs/Organizations. Not to expensive either.
our club runs trips....but not really. A club trip means a member says "hey...I'm diving with XXX on sunday. who is joining me?". So the club is NOT making any arrangements for any individual diver. each diver does their own thing with the dive operator, is responsible for their own equipment, their own safety, training, etc. We may say a particular trip requires deco procedures or AOW, or whatever. But again.....the club is not "running" the trip. So not only did an attorney tell us we didn't need insurance....we were told nobody would even write us insurance.
We do have a disclaimer on our Facebook page reminding people that each diver is responsible for themselves.
We do have a disclaimer on our Facebook page reminding people that each diver is responsible for themselves.
Doubler
Contributor
Having a disclaimer on Facebook does not stop a lawsuit and the associated costs to defend. You still have to get a lawyer and that costs, even if you win. It is much easier to just get the insurance. Is the lawyer in your club going to defend you Pro Bono if the club gets sued. You can get sued nowadays for anything. Scuba board past history proves this.
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