Posted by George Austin on November 19, 2001 at 11:40:07:
In Reply to: Value of c-cards and log books posted by Wayne on November 19, 2001 at 11:08:59:
I think you're pretty much right in your points, Wayne. As a DM, the way I understand it, You will not necessarily be responsible for the safety of this particular certified diver. However, God forbid, if something unexpected happened and someone got hurt and decided to sue, the lawyers are going to look for the one with "deep pockets" Since as a DM, you are the one carrying liability insurance, thats going to be you.
About waivers: A good lawyer thats going to sue you will likely say something like this.." Sure my client signed a waiver--however, the defendant said that he would not allow him to dive unless he signed, therefore, my client only signed the waiver under duress" This tactic has worked in the past. But like someone else said in an upper reply, "Its better than nothing"
I am basically quoting Nate Halpren ESQ. on the waiver and liability deal as provided to us in our DM class.
As long as you do everything to CYA as well as provide the minimum standard of care to an injured or in trouble diver--you should be okay.
Then again, you may have a judge who did'nt get laid the night before, hates scuba divers, as well as a jury that believes someone must pay and you happen to be sitting at the defense table.
George Austin
NAUI #37355