Do you let others use your equipment? Liability?

[jzipfel]

I was asked if someone could use some of my tanks the other day. My first thought was "Of course" That's the kind of person I am.

Then a wave of panic overcame me. What if they get hurt while using my tanks. Could they blame me?

So my question is what do you do if/when you let others use any of you equipment (tanks in this case). Would you make them sign a liability waiver? Would it even hold up? I know they could still come after me, just chance of success might be lower.

Has today's society just made me too paranoid. (I don't like the person I have become).

ps. The tanks have 32% EAN right now so I would require them show me their cert card.

 

[Fogest]

Well I mean the gear they are using should be their responsibility no matter where they got it from. It is similar to buying new gear or used gear. You are responsible for your own safety. Now I mean if you knowingly were giving someone faulty equipment that may be a whole different story. But if to your knowledge you were loaning them a tank that was in normal working order I can't see liability being on you. It would be like letting someone use your car and a tire went flat when they were driving it and they crashed. The car was working to your knowledge just fine prior to that. You wouldn't be held liable.

 

[undrwater]

I always carry an extra something or other, and have borrowed and loaned equipment. I've never been concerned about liability even though sometimes the borrowed / loaned equipment has failed.

Typically the borrower is asking so there doesn't seem to be any expectation that what they get will be well serviced gear. In other words, beggars can't be choosers. <---- not a real legal term (right?).

 

[boulderjohn]

I am no attorney, but I think there would have to be a serious problem with the equipment that you knew about and did not disclose, and that defect caused a problem. They would have to then prove you knew about it and did not disclose it, or that you did disclose it but the borrowing party did not understand the danger of using it in that condition.

The one case that springs to mind occurred in the Florida Keys a few years ago, and iit was someone getting a rental regulator from a dive operation. It did not include an alternate air source. Well, as luck would have it, another diver went OOA and could not figure out how to ditch his weights because he was diving a new and unfamiliar BCD. The renting diver tried to help him by buddy breathing, and both divers drowned. Her family sued on the theory that alternate air sources are so much a part of standard diving that not having one amounted to a defect. I don't know the outcome of that suit--it may still be pending.

 

[TMHeimer]

Lawsuits, USA. No one's ever used my stuff. I learned that as a DM, and am Canadian, but also American. Don't do it unless it's a very trusted family member-- maybe.

 

[Fogest]

Lawsuits, USA. No one's ever used my stuff. I learned that as a DM, and am Canadian, but also American. Don't do it unless it's a very trusted family member-- maybe.

America may like their lawsuits, but come on now, I don't think that is a good reason to never be willing to share your gear. These kinds of lawsuits could easily be fought off on the RARE chance that ever happened to you. I've never heard of a case of someone being sued when they leant someone gear.

 

[TMHeimer]

America may like their lawsuits, but come on now, I don't think that is a good reason to never be willing to share your gear. These kinds of lawsuits could easily be fought off on the RARE chance that ever happened to you. I've never heard of a case of someone being sued when they leant someone gear.

You may well be correct. But that also may be what you "haven't heard of"?
PADI advises pros to use "shop" equipment as spares--not your own. If you're not a pro and lend equipment (OR buddy up with someone), who knows? Definitely not me.

 

[Subcooled]

I was asked if someone could use some of my tanks the other day. (...) Then a wave of panic overcame me.

Sir, are you living in the United States of America?

What if they get hurt while using my tanks. Could they blame me?

In one word: duty of care

And of course, gross neglect.

I assume that professionals offering services for a fee are treared different from commoners.

If it calms your mind then you could have the borrower sign an agreement where you state that the equipment is borrowed as-is (see computer program licenses for detail) and that it is in an unknown state (it might or might not be wise to say "possibly dangerous") and that the borrower promises to have the equipment checked. If they opt not to do that, then its their own fault.

 

[outofofficebrb]

Fins, sure. Gloves, sure. Boots, sure. Things like tanks, regs, BCs where its function is paramount? Probably not. Not only is there a liability issue to me that I would worry about but I would also worry about care after using it, if they may have dropped something and damaged/broke and not realized it, didn't take care of it properly, etc....I also don't want to find out mid dive that there is something wrong with my gear. It's one thing if it just happens and it's within my control but when it's not it makes me a bit nervous.

 

[Slym]

... it's a little dark but if somebody used my equipment and didn't surface, I would be keeping my mouth shut on who's (Tank, bcd, regs, ect) was with them... I am willing to take a loss for something like that.

It is really too bad the world is like that though that people sue for any old reason. :/