I have been diving for several years and was thinking about becomming a Divemaster not for the money but to be able to help out with classes and learn. (I already have the pre-requsites to take class) However as this is now going into the professional side, how much libility is there? I know you are suppose to have insurance which costs about $300 a year. What if you go out with your friends like normal and something happens, can your friends family now come and say "hey, you are a Divemaster and you were there and should have recognized the potential problem, so we are suing you? Which mean you better have the insurance all the time, working or not?
Divemaster and liability
- Thread starter Serdin
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paddler3d
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My understanding is if you are an 'active' DM, you should have insurance. If you are active and do go diving with buddies, you should have them sing a liability release form.
If you are no longer active, you do not need to carry the insurance.
Your dive buddies are certified divers and as certified divers they should know and understand the inherent dangers of diving and their limitations.
The reality is if you a DM or not, your dive buddies family can always sue.
I'm finishing my DM. I just have a couple of test left. It has been an awesome learning experience. Whether you continue as a working DM, or not, it is awesome training.
If you are no longer active, you do not need to carry the insurance.
Your dive buddies are certified divers and as certified divers they should know and understand the inherent dangers of diving and their limitations.
The reality is if you a DM or not, your dive buddies family can always sue.
I'm finishing my DM. I just have a couple of test left. It has been an awesome learning experience. Whether you continue as a working DM, or not, it is awesome training.
Having people sign wavers when you are within the local vacinity of them during a dive is usless and rediculous. If you are not leading them and getting paid, there is no professional or legal responsability. Wavers and insurance is for DM and Instructors that are being paid to provide a service.
More power to you for wanting to advance your education and share it with others. That is the only reason I got my Divemaster certification. PADI wants DM to sell courses and assist instructors in making money. Yet here in So. Calif. the majority of DM do not receive any pay (no monitary compensation) for their work. So I can agree that you would not do it for the money.
The whole insurance and "I'm gonna get sued" thing has been hashed over and even made a sticky in the Professionals area. Go to the Instructors Forum and read what there is about this subject.
More power to you for wanting to advance your education and share it with others. That is the only reason I got my Divemaster certification. PADI wants DM to sell courses and assist instructors in making money. Yet here in So. Calif. the majority of DM do not receive any pay (no monitary compensation) for their work. So I can agree that you would not do it for the money.
The whole insurance and "I'm gonna get sued" thing has been hashed over and even made a sticky in the Professionals area. Go to the Instructors Forum and read what there is about this subject.
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Serdin, Once you sign up for the class ask your LDS owner to vouch for you so you can join the Going Pro sub forum. The topic you mention is discussed at length with several posts I believe somewhere in there. Responsibility when not hired or acting as a DM is open to all kinds of debate. I believe lawyers do some posting in there. The jist of it seems to be that ANYONE can be sued for anything relating to dive accidents, whether you are even a DM or not, let alone if you are on/off duty. The question is whether someone can collect. Generally, they can't if they have 1. signed the proper liability release form and 2. A DM on duty followed his/her agency's standards as well as local protocols (surf's too high to go, etc.). A DM not on duty or any other diver for that matter who witnesses/participates in a rescue attempt, etc. may run into problems. For example, if you see someone in trouble you will probably do the right thing and attempt to rescue him (if you don't, maybe they sue you for that). Now you may be held to a different standard if you are a DM than if not (whether off duty or not). I think that's one of the reasons it is suggested to always have the liability insurance even if you don't work for a long while, and also is a reason some opt not to become DMs. I've read that some DMs only show their Rescue card when on vacation, and that this accomplishes nothing since the lawyers will find out who involved is a pro anyway. I think you'll find no matter how hard you search you'll not find a real answer to your question.
Muddiver is correct, Just because you are a DM and on the same boat does NOT make you responsible for everyones saftey. The only time you are liable is if you were providing professional service.
I might add that whatever the law is in the U.S. that doesn't matter if you're working in another country. You could be held liable because you were on the boat (not in a professional capacity), if your actions and/or inactions led to the injury or death of a diver. You cannot impose the way things are done in the U.S. on another country. Just sayin...
When I talked to the instructor about liability, the instructor said you have to be carefull as it can become grey as to wether you are working for not. He gave the scenerio that, say you get a ride from the person you are going diving with, could that ride be concidered as payment in lieu of cash? Ive been diving for years and talking several others classes, advanced, techinical, rescue and master. Liability, insruance and fees were never an issue. Now they all seem to be on the table. Looks like it might not onlly cost me a lot of money every year just to have the cert, it might open me up to liablity. No sure its worth it?
Presidence has been set by a case, if you own a boat and take some friends fishing/diving and they pay you cash you are now an operator and therfore responsable.
If you own a boat and take some friends fishing/diving and they provide some fuel or no monetary compensation that is not used by everyone on the trip, you are not responsable.
I think this will hold true in court for the Divemaster/Instructor who was in the vacinity of an incident.
True, I was making a general assumption we were talking about the US, My bad.
Also I see your point regarging actions / or inactions and this has been beaten to death on SB. (guilty myself) The point I was making was just merely being on the boat does not put you in a professional role of responsibility. Now if you see something and refuse to act now your DM status will prob. come into question.
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