Does having 'Rescue Diver' certification make you potentially more liable...

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Onewolf

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in a failed rescue situation?

Given the current state of affairs in USA where people don't seem to be responsible for their own stupid actions and anyone can sue anyone for anything, does having a 'rescue diver' certification potentially open you up to civil liability in the case of a failed rescue action? Or do the various incarnations of the 'Good Samaritan' law(s) mitigate that risk?

Thanks.
 
I don't know but I would say always show the lowest card necessary to get on the boat you want to dive from. Sometimes I've needed to show my Advance card, sometimes my solo but never 'needed' to show my rescue.
 
That theory has been tossed around before. But in reality, any lawyer will be able to determine what certifications each diver on the boat had.
To the OP... If I were engaged in a failed rescue attempt, I would expect the forthcoming lawsuit. Hopefully it wouldn't come, but I would prepare for it.
My personal choice would be to provide the best care that I can without stopping to worry about litigation. Afterwards, I would notify my certifying agencies (and insurance companies as applicable)of the incident.
If I were in need of help, I hope that someone would do the same for me.
 
It did cause problems for the Honeymoon Killer, huh?
 
To begin this discussion, it's useful to state the obvious: anyone can be sued for anything, scuba-related or otherwise.
Whether it's right/appropriate or frivolous to bring the lawsuit in the first place...is an entirely different matter.
As long as you acted in a reasonable way that is consistent with your experience and training, you should be able to mount a solid legal defense. Hopefully, that is good enough to have a positive outcome.

Since I don't have a legal background, I can't answer your question directly. However, I will ask you to think about the consequences of not getting some formal rescue training. I don't think I would be very happy with myself if a close friend/loved one who was my dive buddy was involved a scuba-related accident and I didn't know how to help him/her because I was afraid to get the appropriate training. Something to think about.
 
Which card you show has absolutely no bearing on liability ... any lawyer worth the name will discover everything they need to know about you, including your current certification level.

First off, let's start out by saying that in the USA, anybody can be sued for any reason (or none at all) at any time. We live in a society where (a) there is no penalty for frivolous lawsuits ... and therefore no incentive not to create one ... and (b) people are culturally predisposed to an "it's not my fault" mentality ... even when they do the stupidest things. So let's separate the concept of "you can be sued" from "you can be found liable" ... they are not the same thing.

In order to be found liable, the plaintiff must prove the following ...

1. You had a duty of care.
2. You failed to fulfill that duty
3. The circumstances that led to that failure were foreseeable
4. The failure of duty caused or contributed to an injury

Without establishing those four things, there is no liability.

So let's look first at duty of care. As a certified Rescue diver, you have no inherent duty of care to help anybody. You can establish a duty of care by deciding to take action to help someone ... and once you've established that duty, you MUST fulfill it to the level of your training ... and within the limits of your training.

You can fail that duty either by trying something you were not trained to do, or by not following the procedures you were trained for. This is where it can get tricky ... because the reality is that every accident has circumstances that are going to force you to make decisions ... often snap decisions ... and those can, and will, be questioned by plaintiff's attorney. Your actions will be judged based on the question "what would a reasonably prudent person do? If you have acted within your training and ability, then you have met that standard, and have not failed in your duty of care.

If it's determined that you did make a decision or take an action that did not meet the standard, then the question of foreseeable comes into play. Did you know, or should you have known, that your actions would bring harm to the plaintiff?

And finally, unless it can be demonstrated that something you did either caused or contributed to the plaintiff's injuries, you are not liable.

In most states, Good Samaritan laws protect rescue divers ... because it is recognized that unselfishly attempting to help someone in distres is an activity for which a person should suffer no harm.

So the short answer to your question is that no ... getting a rescue certification does not increase your liability in any way ... as long as you act in good faith and do not attempt something you weren't trained for ...

... Bob (Grateful Diver)
 
In my eyes ,and this only applies to me not anyone elses choice,I am going to attempt a "rescue" or help in any way possible. Right and what the legal system may consider right can sometimes be two different things ,I am going to do what I think is right during the situation which to me means help in any way possible.Whether the good samaritan law applies wouldn't matter to me,I couldn't turn my back on someone who needs help.Thats just me.And yes I have been involved in rescues.
 
What Bob said :)

I was told as an instructor that if I don't assist in an emergency I can be held liable. That came from a couple of attorneys, although they didn't practice in related fields to diving emergency management.
 
in a failed rescue situation?

Given the current state of affairs in USA where people don't seem to be responsible for their own stupid actions and anyone can sue anyone for anything, does having a 'rescue diver' certification potentially open you up to civil liability in the case of a failed rescue action? Or do the various incarnations of the 'Good Samaritan' law(s) mitigate that risk?

Thanks.

Onewolf,

Dive rescue training was an important part of my initial open water certification course. A few years after that course, I completed the PADI dive rescue course, but decided to NOT submit the paperwork for the C-card because I convinced myself that having the rescue C-card--i.e., being "credentialed"--just might expose me to more of the type of risk you're asking about.

Safe Diving,

Ronald
 
And finally, unless it can be demonstrated that something you did either caused or contributed to the plaintiff's injuries, you are not liable.
... Bob (Grateful Diver)

I think that the question would be if there is a problem and the rescue diver does not act, for which ever reason, is it liable, not for what he did, but for what he did not do ?
 
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