Waivers on private boats?

[ArcticDiver]

Do a search back a couple of years. This subject was discussed in depth.

I don't have people dive from my boats. But I do carry passengers regularly. Since laws vary so much between jurisdictions I sought the advice of my insurance company and a knowlegable lawyer.

The upshot is that I decided even having someone sign such a document was an acknowlegement of potential special liability that needed to be waived. So, I elected to follow my insurance company's advise that private carriage in a boat was no different than my other vehicles.

Keep it simple and clean. Wrapping yourself around the axle may do more to entangle than protect.

 

[perdidochas]

Does anyone have guests on your private boat sign a waiver? I don't mean your family/best friend, but "friends" from the dive club etc.? Just wondering?

I don't see how it would matter. Waivers aren't worth the paper they are printed on.

 

[perdidochas]

If your guests kick in for gas then you are effectively chargeing them to go out on your boat.

If that were legally true, then the Coast Guard wouldn't allow guests to kick in for gas. They are fairly strict about commercial boating and captain's licenses, etc.

 

[sermar]

Waiver or not waiver ... local law, etc...

It all matter less than contacting your insurance company and asking what your coverage includes (and not) and be specific that you are using the boat for diving activities.
Ask them if "they" (not you) need a waiver from your guests.

Any lawsuit is lost since the beginning. The question is how much you loose, if you only loose the money to pay the lawyer to defend you or if you have to pay your lawyer plus the plaintiff plus expenses.

Definitely you need insurance to pay for all and is best to ask them before they denied the eventual claim.

 

[divin'dog]

WoW! I never thought of this at all. I have a nice boat that my friends can dive off of when ever they want. I guess I am just nieve, or stupid but I didnt think that I would ever be held liable for opening up my home or boat or anything like that to my friends.

Not that I want to throw gasoline on this already fiery thread, but I had read that 2 dive buddies are now being sued for negligence in the death of 2 divers in separate incidents. I cannot find the original article that I read this from to verify the exact details. It was from a reputable diving magazine that had a small sidebar on this topic of litigation and was informing us that diving buddies are now being targeted more often for negligence. I suppose if the cause was just, I would agree, but the article as it was written had me believe that dive buddies are being sued more often than before. The person you dive with may not sue you, but their surviving relatives' lawyers will. Noone is really safe from a lawsuit. If you represent at least a nickel's worth of damage recovery be prepared to be sued.

dd

 

[ArcticDiver]

Were they just being sued; which is no big deal? Or, did they lose a lawsuit; which can be?

It doesn't take much to file a lawsuit. It is another thing to win one.

 

[divin'dog]

Were they just being sued; which is no big deal? Or, did they lose a lawsuit; which can be?

It doesn't take much to file a lawsuit. It is another thing to win one.

I'm not sure. I wish I could find the article.

dd

 

[ArcticDiver]

A person would go crazy if they let the fear of a lawsuit affect their decisions. Now fear of a large judgement based on their conduct is another matter indeed. After all, that is what the theory of punitive damages is all about.

Often the fearmongers don't differentiate.

 

[NorCaldvr]

I considered applying for my six-pack license. More for the knowlage than making a career out of it. Would that increase my exposure to liability?

 

[captain]

I considered applying for my six-pack license. More for the knowlage than making a career out of it. Would that increase my exposure to liability?

The problem with the six pack is that in most cases you need to go to a test preparation facility like Sea School or else spend a lot of time studying and retaking the test, but all most test preparation facilities do is train you how to pass the test not necessarly how to be a better operator.

Remember you need 365 eight hour days of operating experience before you can even take the test. That is where you learn to be an operator.

Will you lean something you didn't know, sure, maybe like what does an all around flashing yellow light that flashes one flash per second for three seconds and is off for three seconds mean. Answer a submarine running on the surface at night.
Or what does it mean when a vessel is not under command. Answer, it can't be controlled normally because of some mechanical problem like a failed engine or steering system.

I had been operating boats for about 15 years before getting my 6 pack but I still went to a test preparation facility to learn how to speak and read the Coast Guard language.

Liability wise it might be better to be ignorant than to be knowledgeable when you screw up.