Divemaster\Instructor Liability

[scuba_drum]

I absolutely loved the DM program, do not hesitate for the knowledge and experience. I helped with a few classes and a couple of trips for certification, which really told me that I wasn't in for Instructor... at least, not yet. I love diving for diving, not teaching.

The whole DM experience was incredible though, I highly recommend it!

 

[Web Monkey]

So glad I don't live in the USA. That statement doesn't really apply to the rest of the globe

It's also part of being a responsible human.

If you know how to prevent senseless injury or death with little risk to yourself, you have an obligation to do so, regardless of the law.

Terry

 

[Web Monkey]

Well, if that's the case then you're actually partly RESPONSIBLE for Skippy's misfortune! :depressed:

That's sort of the point.

If you're a DM or OWI and Skippy runs OOA and you don't want to bother sharing because you're on vacation, that makes you responsible. Maybe not legally in all countries, but certainly morally.

Terry

 

[scuba_drum]

While i will always help out someone in trouble to the best of my ability, if I am not on a boat in a professional capacity, then I am not directly responsible for anyone but me. My buddy is almost always my fiance' so I don't have to worry too much, but suing me for someone else's negligence? Besides, remember the liability release that everyone has to sign before getting on the boat? I already stated that I only show my adv and nitrox cards, which means that puts me in the same class as Skippy....
No doubt I would help, and have.... several times.

 

[DevonDiver]

If you're a DM or OWI and Skippy runs OOA and you don't want to bother sharing because you're on vacation, that makes you responsible. Maybe not legally in all countries, but certainly morally.

Very true. BUT....the thread was debating the need for liability insurance.

Providing assistance as a Good Samaritan should never provoke a requirement for legal protection.

The fact that someone might be a dive pro, shouldn't skew the issue that (if not employed/paid for the task) they are providing any emergency assistance in the capacity of a Good Samaritan... and not in an employed capacity.

 

[elan]

That's sort of the point.

If you're a DM or OWI and Skippy runs OOA and you don't want to bother sharing because you're on vacation, that makes you responsible. Maybe not legally in all countries, but certainly morally.

Terry

The other side of the medal is that even if you mean something good helping the above mentioned guy and you would give him your reg but he screw something up there are some people that would not hesitate screwing you up and sue you. Just because they are the way they are. And those people will not be feeling any moral responsibility doing so. Some people just look for the case. We have got few topics here on SB recently when people were asking advice how to sue the operation for the stupidity they, not the operation, made. You cannot rely on people being reasonable especially when money are involved. Even if they lose that's still a lot of wasted time and money.

 

[scuba_drum]

I totally agree iwth elan and devondiver on their last posts!

 

[AZFlyingDiver]

nothing personal you Skippys....

none taken

 

[dschonbrun]

One thing to remember.... if you are OOA, you can't help anyone else.

You should only help Skippy if your life is not endangered in the process.

It is completely understandable and defensible in a court of law to not engage a person in trouble if you do not feel you have the training, or if you feel you'd be placing your own life in danger in the process.

If someone is OOA and you don't have enough air left to share with them to make a safe ascent... (and this is going to sound terrible, but it comes from a whole lot of experience in Emergencies) let them drown...

After they stop breathing, put a small amount of air into their BCD, float them to the surface, and float an SMB/Sausage. Your first priority is always to keep yourself safe. Dying while trying to save someone else is heroic, and stupid.