Posted by Ken Kurtis on December 23, 2008 at 16:24:40:|
In Reply to: Re: One more thing posted by Walt on December 23, 2008 at 13:54:08:
"However, would an in-water rescue or assist be considered a 'medical emergency'?"
It depends. (How's that for an answer with wiggle room?)
If you're a DM or a boat and you jump in, you're performing your paid duties. Good Samaritan Law doesn't apply because you're not a casual bystander who happened to get involved.
If you're Joe Diver on the same boat, the GSL might apply if you're the first responder.
The interesting question is whether two tow back ot the boat qualifies as "medeicial". If I don't tow you, you drown. If I do tow you, do I have legal exposure? Should I cover myself by letting you drown?
Safest thing to do is approach the panicked diver with a waiver in hand, have them sign it (releasing you of ALL liability), and then perform the tow/rescue/CPR.
(For the uninitiated, the preceeding sentence is wholly tongue-in-cheek.)
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