“Duty of Care” when taking others on personal vessel, to dive

[Sea_Jay]

What’s up SB….

Quick question here. Does anyone have a clear-cut answer to what my “duty of care” requirements would be, when taking friends out to dive on my personal vessel? No money is being exchanged, just friends diving together. But I initiate the trip, bring the boat to the ramp, launch the boat — all by myself — and my buddies jump on prior to leaving the dock.

Am I legally required to carry O2? (Full disclaimer: I already carry two completely separate emergency O2 kits for redundancy in emergencies, even if I am not diving or taking divers out.)

Am I legally required to administer first aid in the event of a minor injury? What if my friend refused?

These questions are purely hypothetical FWIW, but as I make new friends and take them out, I would like to know what my legal requirements are.

Lastly, just because I don’t want to start a new thread and clog up the boards: how about a guided shore dive? Where I *am* paid to take a group on a shore-based dive? Emergency O2 on the shore (preferably @ both entry point & exit point) is a no-brainer….but what about first aid?

 

[Wookie]

Definition Of Duty Of Care

In the U.S., it is everyone's duty to act in a reasonable manner to prevent causing injury to others. If one fails to meet this duty, he or she can be held liable for the injury their actions or inactions may have caused.

Is it reasonable to carry O2, First aid kit, and know how to use it on your boat?

The first aid kit is required by regulation, but the knowledge of it's use is not. Nor is an O2 kit. Unless you're a dive professional, then what is reasonable may change depending on if the opposing council is a diver or not.

 

[Wants2divemore]

Unless you are working in a job where part of the job responsibilities involve providing medical care (e.g. lifeguard, EMT, etc.), a member of the general public does not have a legal obligation to provide medical care. That said, if you start providing care, it should be to the level of your medical training and not beyond.

 

[lionfish-eater]

Ask your insurer.

 

[NW Dive Dawg]

Doesn't it totally suck that a guy with a boat.....like me, can't just go diving with his trusted buddies without worrying about who is going to sue who?

I do it. I don't charge anything. My friends just throw in on fuel costs and always help with clean-up....etc.

It really sucks that liability would ever be a concern.

PS..... Lawyers are welcome on my boat as long as they have at least 60-70 lbs of lead to make sure they can easily descend

 

[Angelo Farina]

You are the captain of the boat. A captain has a number of obligations and responsibilities, which are the same also if passengers are not paying.
Did not you learn about captain's responsibilities when you did follow the course for getting your captain's license?
And did that course include a part about first aid?
Also your authority is truly absolute: everyone on board must simply follow your orders. No exception...

 

[Eastwest]

Yes , it is a shame we need to cover are behind . My very good friend was sued by a new diver on his boat. So diving solo from my boat has many rewards . I think N W Dive Dawg should include a picture of your boat on every post . I would drive 2000 miles to go diving on your way cool boat . Best Regards Rumdumb

 

[DanBMW]

I do it. I don't charge anything. My friends just throw in on fuel costs and always help with clean-up....etc.

If your friends "throw in" for gas, you are in a very gray area. Best check to make sure. Also check your insurance too.

 

[2airishuman]

Am I legally required to carry O2?

You are not legally required to carry O2 unless you are an inspected, commercial vessel and your COI mandates it.

If you are a dive professional, then your agency or its insurer may require that you have O2 available when supervising others who are diving.

Am I legally required to administer first aid in the event of a minor injury? What if my friend refused?

These questions are purely hypothetical FWIW, but as I make new friends and take them out, I would like to know what my legal requirements are.

Legally required? Probably not, but why wouldn't you offer? If they refuse, then it's on them.

Lastly, just because I don’t want to start a new thread and clog up the boards: how about a guided shore dive? Where I *am* paid to take a group on a shore-based dive? Emergency O2 on the shore (preferably @ both entry point & exit point) is a no-brainer….but what about first aid?

The SCUBA industry is self-policing. You can lead dives. You can teach people. Etc. There are, as far as I know, no statutes preventing that sort of thing or specifying that you carry O2 or first aid or anything else.

If you're doing it as a commercial activity then you may find that your general liability insurance doesn't cover what you're doing. You may also find that you can't get liability insurance as an instructor or a divemaster unless you go through one of the agencies, in which case they'll have their rules about first aid and O2.

 

[2airishuman]

The first aid kit is required by regulation, but the knowledge of it's use is not.

Help me out here. I have been unable to find any place in the CFRs where there is a requirement for a first aid kit for recreational vessels, or for uninspected commercial vessels other than fishing vessels.

I carry one anyway. I even carry one on my little 12' aluminum boat.