DM's/ instructors on vacation.

[Crowley]

doesn't matter if you can be successfully sued - if somebody implicates you in a lawsuit it makes no difference as to your own liability - you're still going to court and you have a whole raft of legal expense and trauma to deal with.

The grey area about legal responsibility is exactly that - a grey area. Do I have a duty of care to my students? Yes. My already certified customers? Yes.

If you're a professional *anything* and stand by and watch whilst something bad happens then you're in for a tough grilling from the laweys. This is a day and age when people can sue because their pop tarts were too hot or the sidewalk isn't quite even.

Legally / morally - where does a professional diver stand on holiday? As per previous posts - you're on holiday, it's not your responsibility. But - if you have the training then you should at least volunteer to act in the case of an emergency. Legally - grey area. Morally - if you have the training and did nothing...? sucks to be you.

I don't hide my certifcation and I don't see why anbody should. Yes, I have had to look after divers when I'm on holiday - I'd prefer not to, cos it's my job, so when I holiday dive I'd just like to go out and dive with no hassle.

I always show my current status when I'm on holiday - and fffs! - I earned it! Be proud of what you've achieved.

Can you be sued for inaction? Well yes of course - doesn't matter if it's successful or not, it's still going to be traumatic.

Look after each other,

C.

 

[divingbuddy]

Like others have said, I am what I am and don't hide it. When I'm the paying customer, I only dive with whom I choose (no ifs, ands, or buts).

However, as a generally nice guy with a sense of concern for my fellow diver, I always tend to 'keep an eye' on others around me, and would certain assist where necessary. This isn't a part of who I am that I can turn off. Don't get me wrong - I am not saying that I'd be willing to 'babysit' someone on a dive trip that I paid a lot to go on - but I certainly couldn't turn my back or not help someone who obviously needed the help.

Just my two cents...Cheers!

 

[fisheyeview]

Nope, I just collect the cards!!

Hello Scott , How the heck are you Buddy.

Doing good. When you coming back down here to dive? Let me know, and I'll put you to work.

 

[Crowley]

two cents worth giving.

I think it boils down in a way to basic human psychology - person needs help therefore we help. If nothing else, a diver's training might just tell them to stay out of the way. And sometimes that's actually pretty valuable in itself. I know.

C.

 

[Alex777]

There has been a lot of discussion on this topic. Can a lawyer out there answer this: If you are a DM on a boat on vacation, someone gets injured and you do absolutely nothing to help him (of course, I would do something, as most people would), can you be SUCCESSFULLY sued? Is there a specific law saying one way or another?

For a diving accident where the cause of action is negligence, the applicable law is the law of the country where the accident occurs. Consequently, the US point of view is applicable to accidents occurring within US territorial waters only. For the english-speaking Caribbean, the applicable law is English law. In that legal system, the answer is a definite "NO". Your only duty (when off-duty) is to your own buddy. You have entered into what I call a "buddy contract" and you are obligated to perform to the level of your training and experience to assist that buddy, but no one else.

 

[Alex777]

doesn't matter if you can be successfully sued - if somebody implicates you in a lawsuit it makes no difference as to your own liability - you're still going to court and you have a whole raft of legal expense and trauma to deal with.

The grey area about legal responsibility is exactly that - a grey area.

Again, this seems focused on US state law. In the english-speaking Caribbean, the law is not at all gray. You have no liability. If someone sues you, they will be required to post a bond to cover your legal fees should they lose. If they do post the bond, a judge (we don't use juries) would very likely throw the case out within 2 - 3 months after filing. Then, you collect your costs from the bond.

 

[Alex777]

I often dive solo on the tourist dive boats, but it has nothing to do with potential liability. The reason is a simple fear of drowning at the hands of an unknown insta-buddy.

 

[joker31]

I don't think anyone here would stand by and watch another diver suffer.... Thats not the question. And wheather you show your current cert up front or not, if something bat happens it will come out in the end. The fact is there is no LAW thats says a scuba instructor, DM, or rescue diver has to help someone if there is not a duty to act. In our business that duty only exists if another diver is paying for your services.

 

[Alex777]

I don't think anyone here would stand by and watch another diver suffer.... Thats not the question. And wheather you show your current cert up front or not, if something bat happens it will come out in the end. The fact is there is no LAW thats says a scuba instructor, DM, or rescue diver has to help someone if there is not a duty to act. In our business that duty only exists if another diver is paying for your services.

No, in English law (and I suspect US law is the same) it exists when you agree to buddy up with the other diver whether he is paying you or not.

 

[Riger]

Just to put a spin on the car accident scenario;

I am an expatriate living in a Muslim Country where the Sharia Law takes precedence. As you are aware many popular diving resorts in the Middle East/Asia region are located in areas where the Law is Sharia.

Even a qualified doctor that stops to assist at an accident, where the victim subsequently dies, can be (often is) held responsible. I am not saying this is right, my wife (a very well qualified nurse) still believes her ethical/moral conscience would dominate her actions in these situations.

The point is that the dilemma may differ depending on which country you are diving in.

I know this is a deviation from the OP's original posting, but it may have some relevance in discussion.

Best Regards

Richard