DM Liability

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I found a page with some legal comments for the UK.
http://www.su.nottingham.ac.uk/safety/doc.html

Some extracts:
* * * * * * * * * * *
Deliberately causing injury to others is a criminal offence resulting in punishment of the perpetrator.

Some injuries are accidental. The circumstances giving rise to them are wholly unforeseeable. No one is responsible. No compensation is payable.

In between are ‘negligent acts. They are not deliberate, but the injury is foreseeable. The negligent person will not be punished, however the injured party may seek financial compensation as a result. The compensation is paid by the individual who has caused the loss and could amount to millions of pounds!



In order to satisfy or ‘discharge’ that duty of care you must behave as a ‘reasonable person’ would but taking into account your specific skills, knowledge and experience.

Your neighbours are those people whom might be injured by your negligent acts and omissions. They will include anyone for whom you have accepted responsibility.

The duty of care requires you to consider the consequences of your acts and omissions and to ensure that those acts and/or omissions do not give rise to a foreseeable risk of injury to any other person. Clearly one is not expected to guarantee the safety of others, merely to act reasonably.

Will Being A Group Leader of A Club or Other Activity Affect My Ordinary Duty of Care?

It may do. As a group leader (or team captain) you have accepted the responsibility of leading others.

It should be noted that on any outing where a group leader has not been appointed the most experienced and or qualified person there ought reasonably to intervene and at least advise if a foreseeable risk of injury arises.

* * * * * * * * * * * *
 
voop:
This is an interresting discussion. Where I am (in Europe), I've always been taught that anyone has a "duty of care" in case of an emergency/accident. I.e. if a drunk falls on the street and you're walking by, then you've got the duty to help. Alert EMS and do whatever you can (yes, CPR-training means that the "whatever you can" has an extended meaning). I can't point to a law reference (IANAL, remember?), but I should probably look it up.
However in many parts of the world if you so much as lift a finger to help, and a person suffers ill effects because of, or in spite of your aid, you are liable.

James
 
James Goddard:
However in many parts of the world if you so much as lift a finger to help, and a person suffers ill effects because of, or in spite of your aid, you are liable.

James


James, where?
 
James Goddard:
However in many parts of the world if you so much as lift a finger to help, and a person suffers ill effects because of, or in spite of your aid, you are liable.

James

Yeah, I know....some countries are wonderful, aren't they,...when helping fellow man can be illegal or causing legal troubles....

*SIGHS*
 
James Goddard:
However in many parts of the world if you so much as lift a finger to help, and a person suffers ill effects because of, or in spite of your aid, you are liable.

James

Can you cite any of those cases? I'm personally unaware of any cases where the "good samaritan" has been screwed, in spite of aid given. I am aware that well-intentioned people who have specialized training, and have caused problems from incorrectly administering their help have been held liable(which makes darn good sense to me).
 
michaelp68:
James, where?

Anywhere that doesn't have good samaritan laws... In fact the US State Department recommends not getting involved in medical emergencies in some areas, Kuwait for example..
 
Well, I was looking for you to tell us about specific cases - but I guess that'll have to do...
 
DiverDunk:
Are the legal concerns usually covered advance of or during DM or other leadership training?

Steve

Yes they are, or at least should be lol in the IDC.

If I dive overseas on holiday and Im not teaching then then as far as anyone needs to know I've got my advanced and rescue quals and they can see those cards. Otherwise as a DM or an instructor on holiday and paying to fun dive you can easily find yourself getting pushed into supervising other divers in the water.

As for a DM / instructor's responsibility when they're working, you wouldn't be respnsible for example if an incident occured inwater to another company's divers... your responsibility as a hard and fast rule is to look after your divers first and foremost.
 
James Goddard:
Anywhere that doesn't have good samaritan laws... In fact the US State Department recommends not getting involved in medical emergencies in some areas, Kuwait for example..

James, I'd still like some example of where a diver was found liable for 'lifting a finger to help' where the diver wasn't a professional who violated a clear standard.
 
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