DM Liability

[MXGratefulDiver]

... how many lawyers can dance on the head of a moderator?



... Bob (Grateful Diver)

 

[TCDiver1]

... how many lawyers can dance on the head of a moderator?



... Bob (Grateful Diver)

African or European?

 

[MikeFerrara]

Thats the point Mike. As a paying customer, when you get "allocated" without your consent, you got yourself a situation. I've seen it happen, its happened to me, and it will happen to you in time if you let it.

I suspect it hasn't happened to you yet because it tends to be tropical locations/operations where this occurs at from my experience. I know you spend a lot of time in cave country and/or colder locales where it doesn't seem to be as prevalent.

IMO, a paying customer should never be expected to look after any other paying customer, (other than their assigned buddy,) unless that paying customer choses to do so.

The problem i have with that is being expected to take care of someones elses customer just because i'm an instructor. I'll be there in a heartbeat to help out in an emergency if needed, but an operation that counts on that help, to do their job properly, is a slipshot operation IMO.

I agree on all points. You're also right that I haven't spent much time in tropical locations but regardless of how tropical a place is I'll still be picking my own buddy.

They could try to pick my buddy but I'd just say no. LOL

 

[MXGratefulDiver]

I agree on all points. You're also right that I haven't spent much time in tropical locations but regardless of how tropical a place is I'll still be picking my own buddy.

They could try to pick my buddy but I'd just say no. LOL

Exactly! This happened to me once in Maui ... when the crew found out I was a DM they asked if I minded getting paired up with a recently (as in the previous day) certified diver. I told them I was on vacation and would really rather not. They paired me up with a more compatible diver ...

... Bob (Grateful Diver)

 

[jhelmuth]

I'm glad that I'm in no uncertain terms interested in a leadership position in diving...

 

[aseeker2]

I hate lawyers!!!!!!!!!!!!!! Rats.

Me too!

In 1995 during my W-EMT course, "Brady Emergency Care", Module 1, Chapter 3, Medical/Legal and Ethical Issues.

Won't stop me from going DM though.

Jim

 

[jagfish]

... when the crew found out I was a DM they asked if I minded getting paired up with a recently (as in the previous day) certified diver.

Has any one every been asked this question and just said, "Yeah, sure, if my diving fees today are gratis and you kick in an extra X dollars for my trouble..."?

JAG

 

[Lawman]

AzAtty and Jim have done a good job of explaining redimentary tort law in a diving context. Try this simple set of principles:
1. Nobody owes a legal "duty" to another unless the law says they do. Liable has been used where duty is meant.
2. A bystander, reguardless of their training, is not obligated to help another. No "duty" to do so.
3. If a bystander volunteers to help they must act as "the reasonably prudent person would" under the circumstances.
4. Some people are protected under Good Samaritan Laws. Usually docs, nurses, EMTs,and other medical folks. If they volunteer they are only liable for Gross negligence, not ordinary negligence. In Michigan anyway.
5. If you work as a Divemaster and take money or other consideration for your services you have assumed a duty toward other divers. Act prudently or get sued if they are hurt due to your negligence.
6. There are no "dive professionals." Professional is a legal status reserved for certain occupations. There are special rules governing "professional negligence." Those rules don't apply to diving instructors, nurses, or others who are not named by statute as "professionals." We use the term like "professional football player" but that doesn't mean they are legally professionals.
7. In a lawsuit the net gets thrown wide. Especially a death case where the plaintiff may not know exactly who was at fault. For example, if you go into the hospital to have your left leg amputated and you wake up and your right leg is gone, someone screwed up but you don't know who. Everyone in the operating room will get sued and will have to sort themselves out as to liability. It's called res ipsa loquitor.
8. If you are going to take money to supervise people in a dangerous activity you may be held liable if you are negligent. Live with it.