Flea Dog:
Interesting thought, dive professionals carry liability insurance. What if you are not a professional and have a long time dive companion or a quick pairing up with someone you never met?
What is your liability with regards to your buddy? How can you protect yourself from a suit by the other diver or their family?
Regards,
Flea Dog
This is an interesting question and one that I'll ask my lawyer about. In my case, at least with my regular buddy it could get really sticky as far as investigations go; she's not only my dive buddy, she's my wife. You just know that if something were to happen to either of us, the other would be under the microscope.
If diving with a regular buddy, one with whom you have shared the risk on many dives, practice skills regularly, etc there may be a good argument toward an implied liability.
As to an insta-buddy...it's a real good question. It can also get sticky if the dive op "forced you" to buddy up. If you're buddied up against your will, there may be a case for arguing that you were under duress. Any contract entered into either written, verbal or assumed while under duress is null and void.
Jurisdiction also comes into play. What is law in the US may not be the same in Canada, or the countries in the Caribbean.
I doubt that a diver could be held liable for his/her buddys death. The argument could always be made that an attempt to render aid would place you in mortal danger, and thus withholding aid was a self preservation/self defense reflex action; again very hard to prove.
The big question is does agreeing to buddy up with a diver create either a verbal or implied contract? Interesting
