What c-card do you show on vacation?

[nrh]

An interesting article on this topic...

http://www.insurancejournal.com/magazines/southcentral/2001/02/05/legalbeat/22351.htm

When I was teaching PADI medic first aid classes, I used to tell my students not to be afraid to try to use what they had learned in class. Even if they weren't 100% sure they remembered everything exactly the way they were taught. If they came across somebody that wasn't breathing and had no pulse and nobody else was doing anything, nothing that they were going to do was going to make that person any more dead! All they could do was help and it certainly wasn't the time to worry about getting sued for breaking a rib or something. (Sad thing that we live in a society where you have to worry about getting sued for breaking someone's rib or splitting their lip or ditching their lead while you're in the middle of saving their ***** but I guess that's besides the point.)

 

[H2Andy]

You are doing yourself a disservice by not getting the CPR and Rescue training out of a fear that it will somehow make you more liable in the event of an accident. FWIW - the most important thing a Rescue class would teach you is how to keep yourself out of an accident in the first place.

yeah... like Bob says, as a rescue diver you don't owe anybody a duty except
your buddy and anyone you decide to assist. if you decide to assist someone,
you will likely be covered by the various good samaritan laws (you can't be liable
if you try to help during a medical emergency).

seriously, get prepared, take the class, be a safe diver, and worry about liability
when you hit the professional ranks (and they carry insurance for just that reason)

http://www.insurancejournal.com/magazines/southcentral/2001/02/05/legalbeat/22351.htm

i'm sorry, that's a pretty bloody awful article. besides, it's not dealing with
rescue situations at all, but with corporate liability, which is a totally different
issue.

bottom line is: you don't have a duty to act if you're not a buddy or a professional; if you act, check whether your state has good samaritan laws which would hold you harmless for
trying to help.

even if there are no good samaritan statutes, if you help without doing further harm you will be ok. in terms of CPR, you can't really kill a dead person anway. you can't make
the victim worse. however, if you try to rescue someone, don't prevent someone else better trained from helping. if you're the only one there, do what you can. if someone shows up and says they're an EMT, get out of the way and let them do their job.

 

[stardust]

Maybe I'm strange, I don't mind diving with new people and I enjoy helping them. I look upon it as an opportunity and it doesn't ruin my vacation. I do, however, show just a plain ole open water card. I like to try to just keep a lower profile, I think it's because I'm female. It's rare they ask for a card at all.

 

[TheRedHead]

not to hijack but i have a quick question, if I were to show my TDI nitrox card in leau of a basic OW, is that acceptable as a c-card?

Sure, OW is prerequesite. They might even mistake you for a technical diver.

I show my TDI Decompression Diver card. It will stiffle comments from PADI DMs about my BP/W and long hose.

 

[SmileMon]

Andy, is there a good samaritan law in Florida?

I'm in the middle of reading the NAUI manual about rescues and it specifically states you're not obligated to help, but if you do begin, you're obligated to do it properly until relieved off duty by someone in your level or higher.

I think the crazy lawsuits is the only thing thats going to hold me back and think before I act and try to help someone... its sad that it came to this point that anyone with any skills that can help, will think twice before acting in fear of lawsuits.

 

[pterantula]

donooo & NWGratefulDiver:

Thanx for elucidating. I stand corrected until further notice. (As I said, I have to go back and check, and as you've said, I must be blurring boundaries.)

Sorry!

 

[nrh]

H2Andy... While the article doesn't apply to diving situations specifically, I think that there is a possibility that the case law might. But then again, I sure ain't no attorney! They are only talking about Texas, so who knows what other states are doing... this was also 5 or so years ago so it could have changed a dozen times since.

"In general, Texas law does not impose any duty on anyone to take any affirmative action to prevent harm to another, absent certain special relationships or circumstances. Being helpful to someone in distress may be laudable, noble, or even morally required, but it is usually not legally required. In fact, according to some political theories, this is one of the hallmarks of a free society.

On the other hand, if a bystander who does not create a dangerous situation does try—or undertake—to prevent injury to (or mitigate already existing injury to) another, he must do so in a reasonable manner. Under Texas law, there is no duty to become a Good Samaritan; however, said the Supreme Court in Torrington, "a duty to use reasonable care may arise when a person undertakes to provide services to another, either gratuitously or for compensation." The plaintiffs contended that Torrington assumed a duty towards them by investigating and identifying potentially defective bearings, and it did a bad job of it." - from previously linked "bloody awful" article

 

[SparticleBrane]

In my NAUI Rescue book, just about every other sentence talks about how you have NO duty to act whatsoever.
However, if you DO act--you better do what you were trained to do, no more no less. Don't go outside of your training and ability.

 

[Kat]

This is one of the reasons I have yet to do CPR or diver stress & rescue - because you must act in any emergency, and I'm not ready to make that my business just yet.
Sorry if that paints me a dick.

If this concerns you, your 'easy out' might be to take the classes but don't pass them. This way you have acquired the knowledge for your own personal use. It is really about the knowledge & training anyway, not about getting a card.

 

[miesemer]

I show a card with a high enough rating (my instructor card) to let the DM or Crew know that I don't need their attention under water. My feeling is that showing an AOW card only proves you have 9 dives and now you're taking the DM's attention away from someone who may need their help.

edit: Showing an AOW card and a full logbook should be acceptable proof of experience. However, I've never seen anyone asked for their logbook.