I've never found the buddy issue to be one of putting extra dollars in an
operator's pocket, but I run into the liability issue all the time.
Personally, I schedule my dive with somebody I want to dive with or I don't
go.  Sometimes it's a newer diver, but more often, it's someone with
comparable skills.

Since we've suggested we would like to do something about this, I have a
suggestion I find amusing that would certainly send a message and might even
have an impact.  As Don mentions, operators have a liability release to
protect them.  While it probably does not offer much protection, at least
here in the States, it's about impossible to get on a commercial boat
without signing one.  I propose we develop a waiver of our own,
specificially for when a DM or Captain insists that we have a buddy or, more
to the point, insists on picking a buddy for us.  Our form would release us
of liability just like theirs does and, in the process, reassign it right
back to whoever makes the buddy decision.  There's just got to be an
attorney or someone who'd like to be be one somewhere on this list.  If not,
I know where there is one that might enjoy the challange if provided with a
few waivers to use as examples.

Lee

----- Original Message -----
From: "Don Ward" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, May 29, 2002 7:39 AM
Subject: Re: [SCUBA-SE] St John, USVI Trip


> Kuty wrote:
> >She said that she had a
> >liability problem because if something had happened to me while I was
> >continuing my dive alone, she would have been held responsible because we
> >started the dive together.
>
> This raises another issue that I intentionally left out of my last
> post.  If one agrees to be a buddy with a stranger, one arguable agrees to
> assume liability for any negligence in acting as a buddy.  The dive
> operator, DM and boat operator will protect themselves with a liability
> release, but you have no such protection that my make you the ONLY target
> of any subsequent litigation.  One more reason to insist the DM be
> responsible for the novice diver.
>
> I was recently talking about the solo issue with a diver and he advised
> that he had developed a whole list of lies to tell DM's has he was getting
> in with no buddy.  His experience was that if you give them any reason to
> believe that you have a buddy they will basically look the other way.
>
> Dive safe,
>
> /Don
>