High School Divers???

[DementialFaith]

I just heard from my instructor that I am responsible for any divers I dive with that have lower certifications than me. I am almost 100% sure that I am the only rescue diver in the entire school. Do I really need to get into those waver thing and legal issues etc etc etc?

 

[ElectricZombie]

I just heard from my instructor that I am responsible for any divers I dive with that have lower certifications than me. I am almost 100% sure that I am the only rescue diver in the entire school. Do I really need to get into those waver thing and legal issues etc etc etc?

Not true. You are expected to assist your buddy or other divers in the area to the degree of your training an not beyond. This is no different than if you just had a basic certification. Just live up to your responsibilities as a diver.

Problems can arise if you have a professional certification such as a DM or an Instructor. Unless you have one of those certifications, I woudn't bother with the waiver.

Whenever I go out on charters, I don't tell people that I'm an Instructor because of the potential legal problems that could arise if there were an incident. When I dive with people that know me, I make it clear that I'm not acting in any professional capacity.

 

[ZoCrowes255]

That's a new one to me for rec divers. The only time this becomes an issue is if you have a leadership certification (DiveCon, Divemaster, Asst Instructor, Instructor etc.) Just because you have a higher recreational certification does not make you anymore legally culpable than being openwater. Now your instructor may mean that you have a responsibility as a good buddy to practice good buddy skills but not to babysit your buddy. Of course I could be wrong.

And don't be so sure about being the only rescue diver. I live in KY and I've certified my lil bro and a few of his friends as rescue divers and there are A LOT more divers in CA. Just ask around.

 

[LUBOLD8431]

You dont have to worry until you start carrying liability insurance (when you are a DM or Instructor). As a rescue diver, I wouldnt worry. Lawyers usually sue only when they know they can get $$$. Insurance is $1,000,000 usually, and lawyers will go after that.

 

[SDAnderson]

I just heard from my instructor that I am responsible for any divers I dive with that have lower certifications than me. I am almost 100% sure that I am the only rescue diver in the entire school. Do I really need to get into those waver thing and legal issues etc etc etc?

Lawyers. Semantics. Nightmares.

I guess the question is what does "dive with" mean. If they're your buddy, you probably have a (ill-defined) duty of care. If you're operating in a supervisory capacity (instructor, dive master) you clearly have a duty of care. If it's just somebody that happens to be on the same trip with you, you probably don't have a duty of care. The hazy zone comes when you consider what duty of care do divers with supervisory training have when they aren't acting in a supervisory capacity. Rescue doesn't count as supervisory training, so unless you're planning/coordinating the trips, I wouldn't worry about it.

Then again, I'm not a lawyer and sometimes can't tell the difference between my keister and the Grand Canyon.

 

[Zippsy]

Then again, I'm not a lawyer and sometimes can't tell the difference between my keister and the Grand Canyon.

But I thought that was the definition of a lawyer :bogey:

 

[Welsh_Dive_Pro]

That's a new one to me for rec divers. The only time this becomes an issue is if you have a leadership certification (DiveCon, Divemaster, Asst Instructor, Instructor etc.) Just because you have a higher recreational certification does not make you anymore legally culpable than being openwater.

Even if you were a DM or Instructor doesn't mean you are responsible for every person on the boat who is less qualified than yourself (unless you're running the trip).
If I go on a boat with my mates, most of whom are DM's and Rescue divers, I am not responsible for them because I am an Instructor. They are qualified divers they can look after themselves.

Now these are the sort of problems that arise when a country such as the U.S. becomes litigation happy.

 

[padiscubapro]

I just heard from my instructor that I am responsible for any divers I dive with that have lower certifications than me. I am almost 100% sure that I am the only rescue diver in the entire school. Do I really need to get into those waver thing and legal issues etc etc etc?

Thank God thats not true.. Its a rare event That I am on a boat or at a dive site that I don't have the highest rating... even if the whole boat is full of instructors and instructor trainers......
If there is a problem you should attempt to help- first by asking if the person wants assistance (underwater that may be a different story) if you are the most qualified person and don't at least offer to be of assitance and someone finds out, they may try and make you responsible but probably wouldn't go far...

Rescue is just a recreational rating so you are not acting in any professional capacity... A professional rating has a bit more culpability if they fail to act when doing so was the approproate thing to do...

I remember reading not to long ago an instructor got sued by a certified diver that was on the boat and followed a class down that his wife was taking, the boat captain was ok because he had a waiver signed the instructor didn't have a waiver from this person because he wasn't part of the class but was found responsible anyway because even though it was clear he wasn't part of the class the instructor allowed the person to join the trip.... Probably would have gotten away with it if he forced the guy to book the trip on his own..
go figure...

 

[H2Andy]

Originally Posted by reefraff:

Then again, I'm not a lawyer and sometimes can't tell the difference between my keister and the Grand Canyon.

originally posted by Zipsy:

But I thought that was the definition of a lawyer

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what the heck is a keister??

 

[Natasha]

Originally Posted by reefraff:

Then again, I'm not a lawyer and sometimes can't tell the difference between my keister and the Grand Canyon.

originally posted by Zipsy:

But I thought that was the definition of a lawyer

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what the heck is a keister??

keis·ter ( P ) Pronunciation Key (kstr)
n. Slang
The buttocks.
The anus.