Dive Professional Legal Limbo

[Christi]

I suppose i just have to look at it like this, ive got a far better chance of being hit by a car, and the concequances would be far worse, so its not really that big an issue. Thanks for putting my mind at ease, and being a student; staying poor could well be an option for the forseeable future.

I suppose the best way to minimise the risks is to keep up to date on training and current trends in rescue and first aid, and dive with enthuasism and regard for good practice.

thanks for youre replies

DAve

Even once you become a divemaster and/or instructor...don't expect to be rolling in the dough...you'll still be poor (financially) but rich with experiences if you're in it for the right reasons.

I agree with lavasurfer...that if you are more worried about the legal consequences than doing it because you're passionate about it...then you probably should consider something else.

 

[cowboyneal]

You can't just "pull" a list of passengers and go through everyone's private information - you have to do 'discovery' and in this instance, probably show to the judge the probative value of the information. If you haven't volunteered yourself as a 'Good Samaratin' and gotten involved, you have nothing to answer for. Generally, no one has a legal duty to help anyone.

 

[SteveDiver]

It depends on how serious one takes their oath. I am a flight medic and emergency care instructor. I also carry liability insurance. I will NEVER not assist anyone because I am afraid of being sued...Unfortunently there are a lot of dead beats out there that are too lazy too make their own money so they sue others.

I was under investigation because I drove buy an accident and did not stop. I was seen by a previous student who was responding on a basic life support ambulance. The family attempted to sue me stating that I should have stopped and taken over care due to my high certification. Long story short it went in my favor however it was a freaken headache for me! The family could not prove that I was aware that the situation needed more advanced personell. Crazy people hire crazy lawyers that will take the case knowing that they will loose but at least the lawyer can rape their clients. The family paid a lot of money trying to sue me when they could not afford the fight anymore their lawyer advised them to drop the case. The lawyer walks away with a pocket full of money. I sued the family and received my attorney fees back also. What a big mess!

 

[ItsBruce]

I recently completed a manuscript for an article on precisely the topic of this article. I'm in the process of submitting it to the various dive magazines, starting with Alert Diver. (This is subject to something I recently saw about the ethicacy of doing a freebe.) Long-story-short: I'm not going to let fear of being sued stop me from going for my DM cert. Based on my analysis of the law in California, where I live, the general rule is that one does not have a duty to render aid unless he or she has created the situation or is in a special relationship with the one in distress (e.g. teacher and student). Thus, for example, paramedics were not liable for failing to provide aid to a shooting victim despite the fact that they would not have been putting themselves in harm's way. And, a doctor who was observing an operation so he could recommend the surgeon for staff privileges at a hospital, was not liable to the patient for failing to intervene in the operation.


Of course, northing stated here is to be considered legal advice to anyone, especially since I do not know the legal jurisdiction in which you will be diving.

Wait for my article. (And if no one wants to publish it, I'll offer it to SB.)