dive professional responsibilities

[Currahee Vet]

and has brought (for the first time unless I'm mistaken) the dive buddy into the equation.

I would like to find out more about the actions of the original divemaster in this particular case. Did he talk to both members of the budy team to see if they were both comfortable with the problem at hand? Did (s)he require that they verbally talk through -- before getting wet -- what actions they would take to compensate for the equipment malfunction? And what immediate actions they would take should an OOA situation develop?

Personally, I'd err on the side of caution and not make the dive -- but that's me.

BTW: This thread is what makes SB such a great site. Thought provoking issues, addressed cogently by passionate divers, who bring tons of various experiences into the mix. You guys are great!

 

[Dive-aholic]

(unlikely as I always carry a complete extra reg - in parts - on any live-aboard I'm on, and I'm not alone in that practice)

No, you're not. I carry a couple extra sets for me and my wife. I'm not staying out of the water because of equipment failure!

 

[Karibelle]

I would have no right or authority to prevent him from diving, but as a dive professional with knowledge of the situation I would now have increased liability from his acknowledged equipment deficiency.

Can you expand on that a bit? Maybe it's because I'm from Canada, and maybe it's because I'm naive :blinking: but that makes no sense to me. If you're incurring liability, it should be because you were in a position to do something and didn't, not just because you were standing next to someone doing something stupid.

Rick, to go back to an issue we were discussing in a different thread, say I happen to witness a diver with egregious buoyancy skills execute a dismal safety stop followed by a rapid ascent from that stop to the surface. No ill effects. On the next dive, they do the same thing, but this time, they are injured upon surfacing. Have I incurred any liability because I watched them dive poorly, then let them dive poorly again?

Aren't we all certified divers, responsible for ourselves? When we're the DM on a trip, aren't we the guide? or are we the babysitter?

 

[Lead_carrier]

I would submit that "ambulance chasers" first seek a pile of money to go after. If there's no pile of money (the guy who whacked you, for example, is an uninsured motorist with no assets) they ain't going to bother seeking you out, or seeking "justice" on your behalf - unless, of course, you want to pay for it.
Rick

Had a minor bump-up resulting in some fender damage. No injuries, the other insurance company contacted me and gave me a list of their preferred shops. All reputable companies. 2 days after the police report was filed. 15 "ambulance chasers" attorneys and 4 "ambulance chasing" chiropracters had sent letters in reference to my injuries. A couple of the chiropracters even had lawyers on staff to help me recover my justifiable compensation.:shakehead

 

[fisherdvm]

My understanding of liability insurance is you carry just enough to equal you net worth, or what is the minimum required of your profession.

Lawyers don't chase after cases until they found how much they can collect. The higher your liability insurance, the more likely they would take on a case. In states where tort reform does not exist, they will file a case eventhough it it frivelous. Hoping that the insurance company will settle out of court and they make a few easy bucks.

 

[mudturtle]

As I study my DM book and read over and over again the importance of using duty of care, I can't help think about an incident I witnessed not long ago when I was just a diver.

A diver aboard a liveaboard had an air-integrated computer. All good except the transducer wasn't working so he didn't know how much pressure he had. He chose to dive with the bad computer, saying that he uses less air than his buddy, so he'll just follow his buddies air consumption as he has before since his computer hadn't been working for some time. And that is how he dived.

Aboard the vessel was an instructor from an LDS as well as instructors and dive masters as part of the boats crew. I don't know if anyone said anything to him or not. But either way, at what point does a dive professional say, "it's you life (and maybe the life of your buddy)...good luck," or "you won't dive without proper working equipment" or "sign this ADDITIONAL waiver...."?

I don't seem to get a very clear answer from my LDS about how to handle such a situation.

1. You can never deny a person the right to be stupid.
2. There is no such thing as a Scuba Cop.
3. It IS within the right, and I believe, duty of the dive operator to deny service to ill-equipped, ill-trained divers. If they choose not to exert that right / duty theydeserve the scrutiny they get when an accident occurs.

 

[DameDykker]

The liability laws are different here in Europe. However, I think this is yet another case where I'll apply the mirror test. This is where I'll speak up sufficiently loud and clear for me later to be able to look at my self in the mirror. If the guy doesn't take the advise I can't and won't physical prevent him from diving. However, I wouldn't body with such a guy except under special circumstances (very shallow dives).

 

[del_mo]

This brings up an interesting issue. Obviously I'm not a lawyer, but as I now read the PADI book "Law and the Diving Professional," it states that unless you are in a student/instructor relationship, you have no duty to say anything. The book further seems to suggest that by not saying something, this omission is safer than saying something and getting involved. You only seem to have an obligation to get involved if you are in a student/instructor relationship or you did something that if were not to get further involved, THIS omission becomes contributory in what ever the outcome is.

I've also learned this diver had known for quite some time that his computer wasn't working, was quoted $50 for the repair and he chose not to spend the money.

 

[Jackie]

As a DM candidate also, if I was aware of this situation I would definately make it a point to let the captain know. For sure around here he would not let the dive take place.
I have an air integrated computer and have had the odd occasion where tha pairing is a problem. I bought a small spg and have it on a hose to use for that eventuality. In additon, I dive in low viz situations and it can be easier to see the relative position of the needle, as opposed to reading the digital readout on the face of the computer.
Redundancy in diving is a good thing for the serious diver who faces difficult conditions and dives without the POTENTIAL benefits of a group. I know I will never be the first person to run out of air on a dive where that signals a return to the ship, but I still would not dive without an SPG. Its tough to dive without air !

 

[BRANDY]

this is a perfect time for the old J valve