Legal Question in Personal Injury in Georgia
What duty do I, as a recreational SCUBA diver, owe to my "buddy" diver? I assume it is to act reasonably in an emergency situation according to my ability and training. Is my duty then amplified if I am a diving instructor, but not conducting instruction at the time? Most agencies do not allow solo divers but often buddies are strangers who have just met on the dive boat with no real knowledge of each others experience level, health or proficiency. For the purposes of negligence liability I am wondering if advanced credentials open up one's vulnerability to suits in the event of an unfortunate accident.
1 Answer from Attorneys
As a general proposition on negligence, individuals are not bound to come to the aid of others. However if you chose to aid another and do so negligently, you may be able to avoid liability using the "Good Samaritan" doctrine. Simply put, this doctrine encourages emergency assistance to others by reducing the possibility of liability for damage that directly results from the emergency assistance.
To utilize this doctrine your assistance must be provided: (1) as a result of an emergency/exigent circumstances; (2) as a result of peril/exigent circumstances that you did not cause; (3) in a reasonable manner.
Now, if you caused emergency situation, you can throw all this out the window because you are bound to provide assistance. Given your heightened experience and training you will be required to provide the type of assistance that someone with similar education/training/experience would provide.
Should you require an attorney on any other issue or if you would like a case evaluation, feel free to contact the firm at: [email protected]
Best regards,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
