DeepDiverBob
April 20th, 2005, 10:37 PM
I just received this little publication in the mail called Dive like a Pro. Its put out by the editors of Scuba Dive Magazine. I was flipping through it, and I came across this little section, and I know I have seen this subject come up a few times, even once on this board I believe. I am going to try and retype this word for work. Here it goes:
You have an undeniaable moral responsibility to your buddy. Whether he or she is a stranger or best friend, the knowledge that we will someday face our maker is enough for most of us to act responsibly. But these litigious times beg the question:if you ditch your buddy and he drowns, could you be facing a multi-million dollar lawsuit too?
You bet. Did you ever doubt it? Divers have been sued, and their insurance companies have paid real money in settlements, when their buddies died.
Attorney Rick Lesser, who specializes in diving negligence cases says, "When you agree to be a buddy, you assume the duty of care towards your buddy." Disregard it and you may be liable for negligence. You obligate yourself to act as a responsible certified scuba diver would towards a buddy - to stay close by, to search and rteport in case of seperation, and to accept other obligations.
So far, the settlements have been for obvious violations of the buddy agreement, like abandonment, and the definitive list of your legal obligations to your buddy have yet to be written.
Is this another intrusion of Big Brother and his minions, the lawyers? Or due recongnition that scuba diving is something serious where our actions put human lives at risk? "The lesson is," says Lesser, "if you are agree to be a buddy, then actually be a buddy." Considering what is at stake, that doesn't seem unreasonable."
You have an undeniaable moral responsibility to your buddy. Whether he or she is a stranger or best friend, the knowledge that we will someday face our maker is enough for most of us to act responsibly. But these litigious times beg the question:if you ditch your buddy and he drowns, could you be facing a multi-million dollar lawsuit too?
You bet. Did you ever doubt it? Divers have been sued, and their insurance companies have paid real money in settlements, when their buddies died.
Attorney Rick Lesser, who specializes in diving negligence cases says, "When you agree to be a buddy, you assume the duty of care towards your buddy." Disregard it and you may be liable for negligence. You obligate yourself to act as a responsible certified scuba diver would towards a buddy - to stay close by, to search and rteport in case of seperation, and to accept other obligations.
So far, the settlements have been for obvious violations of the buddy agreement, like abandonment, and the definitive list of your legal obligations to your buddy have yet to be written.
Is this another intrusion of Big Brother and his minions, the lawyers? Or due recongnition that scuba diving is something serious where our actions put human lives at risk? "The lesson is," says Lesser, "if you are agree to be a buddy, then actually be a buddy." Considering what is at stake, that doesn't seem unreasonable."