Potential liability if I let friends dive from my boat?

[Rudebob]

I have owned several boats for more than 20 years that I have used mainly for water sports on our local lakes. Since discovering scuba a couple years back I have found myself diving one of the more popular lakes a couple of times each month for fun and practicing skills. As much as I have been tempted to, I have yet to use my skiboat for diving because I know the wear and tear that will occur to it. Up to this point all dives have been from shore or from a commerical dive boat that operates on the same lake.

Lately I have found myself seriously shopping Craigslist for a medium size pontoon boat that I can use mainly for diving and for an occasional party boat platform to ski/wakeboard from. I have a regular group of several people I dive with at the lake (many, whom I have met through scubaboard). If I end up making a purchase in the back of my mind I figure most of the trips could include "guests" that I would want to take along for these dive trips.

However, as I thought about it I began to wonder what level of responsibility would I have if, heaven forbid, an in-water dive related accident occured when I provided the means of transportation to the dive site. In our litigous society what might be the risk involved? Are there any protections as a private operator or due I need to have all my friends sign some kind of release?

Any thoughts on this issue would be appreciated.

mg

 

[dannobee]

Use the search function, we've covered this subject ad nauseum.

I dive with friends and family off of my boats (but, as you say, not off of my wakeboard boat) and don't require a waiver or worry much about the liability. I've discussed this with the three lawyers in my family and came to the conclusion that liability waivers are going to be worthless if somebody dies or gets severely injured off of your boat.

.

 

[Nemrod]

What if you were pulling skier or a tube and the person got hurt. What if you invited friends for a cruise and it caught fire and sunk, what if you had a child fall over the bow and go through the prop, what if, what if, what if.

N

 

[ohmdiver]

The sad sad sad truth is there is nothing we can do that relieves us of any liability in anything we do.

I am surprised that the bank robber who gets shot, doesn't sue everyone who has an account at the bank. If we didn't keep our money there, he wouldn't have been robbing that bank....

I get that this is a rather silly example, but I am begining to think I am closer to the truth than I want to admit...

 

[Peter Guy]

The sad sad sad truth is there is nothing we can do that relieves us of any liability in anything we do.

For the record, this is legally incorrect and as someone else wrote, has been discussed ad nauseum.

To the OP -- will you open yourself up to potential issues of liability if you allow diving off your boat? Yes. Will you open yourself up to potential issues of liability if you allow people on your boat? Yes. Will you open yourself up to potential issues of liability if you have a boat? Yes.

In reality, that is a prime reason why most people carry liability insurance.

 

[Jupiter31]

Carry liability insurance, and get an umbrella policy that can further protect you - ck w/ your insurance agent; I carry a 3M umbrella (and yes, we dive from our own boat and invite guests frequently).

The cost of an umbrella policy is not ecpensive, but it kicks in after your basic liability policy - my umbrella is less than $700 per year for 3m, and is well worth it - if you have a boat, and take friends out, no doubt in my mind you are very foolish if you don't have the extra coverage to protect yourself.

And god forbid the unthinkable happens and a serious injury or death happens - you need to be concerned with the family of the victim; even if it was your best friend, and he/she would never think of sueing you, you can't be sure about their family.

 

[ohmdiver]

For the record, this is legally incorrect and as someone else wrote, has been discussed ad nauseum.

To the OP -- will you open yourself up to potential issues of liability if you allow diving off your boat? Yes. Will you open yourself up to potential issues of liability if you allow people on your boat? Yes. Will you open yourself up to potential issues of liability if you have a boat? Yes.

In reality, that is a prime reason why most people carry liability insurance.

Well, I've been wrong before....

But if you aren't liable, why have insurance? We are a society where we sue at a drop of a hat. (This is solely my opinion)

Can you enlighten me a bit more?

 

[Jupiter31]

Again, sometimes even when you are found not liable, you still may have to bear the cost of litigation, and its not cheap.

Oftentimes, in a lawsuit, there are many items you may have to defend - the fact that you may be found not liable does not mean there are not costs associated with litigation.

You may be "right" but there is always the chance a court may rule against you, in whole or in part.

Why do read about parties agreeing to a settlement - b/c the cost of litigation is so high its sometimes more prudent to settle.

Thats why you need good, comprehensive, insurance.

 

[Scott L]

I have owned several boats for more than 20 years that I have used mainly for water sports on our local lakes. Since discovering scuba a couple years back I have found myself diving one of the more popular lakes a couple of times each month for fun and practicing skills. As much as I have been tempted to, I have yet to use my skiboat for diving because I know the wear and tear that will occur to it. Up to this point all dives have been from shore or from a commerical dive boat that operates on the same lake.

Lately I have found myself seriously shopping Craigslist for a medium size pontoon boat that I can use mainly for diving and for an occasional party boat platform to ski/wakeboard from. I have a regular group of several people I dive with at the lake (many, whom I have met through scubaboard). If I end up making a purchase in the back of my mind I figure most of the trips could include "guests" that I would want to take along for these dive trips.

However, as I thought about it I began to wonder what level of responsibility would I have if, heaven forbid, an in-water dive related accident occured when I provided the means of transportation to the dive site. In our litigous society what might be the risk involved? Are there any protections as a private operator or due I need to have all my friends sign some kind of release?

Any thoughts on this issue would be appreciated.

mg

This is precisely why the insurance industry exsists. Just as Jupiter31 states even if you have no liability at all you may have to incur significant legal costs before the system let's you off the hook. In that you are in an inland area the cost of boatowner's insurance is neglible. Select the highest liability amount availiable which in the size of boat you desrcibe is generally $500K. Insurance company's rates are contingent upon the chartacter and loss history of the policyholder just as much as the physical property insured so it is your responsibility to invite only those guests with simliar values as yourself. Obviously confirm that they are certified as a minimum....

 

[captain]

No it is not the truth. Go and read the USCG ruling under definitions.. If the contribution is voluntary and the boats owner doesn't ask for it it is not considered commercial. That includes fuel and anything else.

http://www.uscg.mil/pvs/docs/UPV JOBAID REV5 OCT07.pdf

Passenger for hire means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person having an interest in the vessel (46 U.S.C. 2101(21a)).
Consideration means an economic benefit, inducement, right, or profit including monetary payment going to an individual, person, or entity.

It does not include a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel food, beverage, or other supplies (46 U.S.C. 2101(5a)).