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WHY IT PAYS TO PACK YOUR OWN BUDDY
NIGEL EATON, EDITOR
A flurry of recent legal cases serve to remind us that our responsibilities as dive buddies are not to be taken lightly. The extent to which life as a buddy can become horribly complicated are illustrated in the case of a diving death reported in the US diving newsletter Undercurrent.
Although deemed to be "negligent", the surviving diver in a buddy pair escaped responsibility in the US high court for the death of his buddy - who happened to be his wife - following her entanglement in a rope at 13m. Nevertheless, the man was forced to defend an additional lawsuit in Washington, brought by children from a previous marriage against their stepfather of five years.
The newsletter highlights a number of other interesting points:
- The level of responsibility demanded by a buddy is open to a wide range of interpretation. One judge, for instance, has concluded that "no more or less than the taking of reasonable care" is required. Meanwhile, some legal experts warn that, by agreeing to be a buddy, a diver takes on a range of specific duties. These include checking equipment, staying close, untangling a partner caught in debris, and getting the buddy pair to the surface in an emergency.
- If it comes to litigation, it is likely to be the dive operator, training agency or equipment manufacturer, rather than the buddy, in the firing line - due mainly to the relative size of their pockets. Juries don't usually want to find buddies liable - particularly if they did their best to save a partner, no matter how ineptly.
- Moral and legal duties to a stranger are probably the same as to a friend, but strangers are more likely to sue if things go wrong.
- Following an incident, any agreed dive plan will be scrutinised for shared responsibility.
- Ironically, if you take the precaution of equipping yourself with personal liability insurance, you are more likely to be sued, because your ability to pay is enhanced.
If solo diving suddenly seems more appealing, bear in mind that dive operators will usually be under a range of legal obligations to pair you with another diver, no matter how unsuitable.
Remember that lawsuits in the diving world are extremely rare - even in the USA. Potential problems should not be exaggerated.
Still worried? Well, you now have another good reason for diving with a familiar buddy whenever possible - preferably one not encumbered by dependents, from a previous marriage or elsewhere.
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