Divemaster and liability

[MauiScubaSteve]

As an instructor, you are one accident away from being sued.

Whether you're right or wrong, that is irrelevant. The victim or the victim's family don't care, they simply want someone to 'pay' for the accident and our society has overwhelmingly let lawyers run away with this.

Remember when McDonalds got sued, successfully, because someone spilled their coffee on them? They sued because the coffee was too hot? You would think that if you are buying hot coffee, that it is hot and may burn you. Courts found in favor of the plaintiff. Plastic bags have warnings on them telling you not to put them over your head because of suffocation hazards! I can go on?

Quite a rant! :shocked2:

Please see the other posts in this thread!

I say again; I am not living in fear of being sued!

 

[paddler3d]

He is not calling it frivolous; he is saying other people use it as an example of a frivolous lawsuit, and it bothers him that they do because it was not frivolous.

I don't think it is frivolous, I just think it is stupid.

This is one of the many examples of why we have warning labels on everything.

Child places plastic bag on head and suffocates. Tragedy. Bag manufacture is sued because they did not warn anyone that the plastic bag could suffocate you. Now plastic bags have warnings.

 

[paddler3d]

I say again; I am not living in fear of being sued!

We'll, just make sure your coffee isn't so hot that you'll burn yourself.

 

[RJP]

This is not consistent with what attorneys on other threads have said.

Didn't say they would WIN the suit, just saying that's where the plaintiff's thinking would be.

 

[RJP]

This is one of the many examples of why we have warning labels on everything.

I picked up an Ambien prescription the other day. Had a big giant label on it:

WARNING: MAY CAUSE DROWSINESS!

Well, since it's a SLEEPING PILL it damn well better...

:shocked2:

 

[paddler3d]

I picked up an Ambien prescription the other day. Had a big giant label on it:

WARNING: MAY CAUSE DROWSINESS!

Well, since it's a SLEEPING PILL it damn well better...

:shocked2:

But they put that warning on there for a reason. Some idiot is going to pop that pill, go for a drive, fall asleep, crash into a bus full of kids and blame Ambien, because they fell asleep.

 

[MauiScubaSteve]

Items 2 and 3 are required to stay current. If either of them are not current, you are listed as Not in Teaching Status via their ProCheck website. This is for the US. There are different rules in each foreign country as far as whether or not liability insurance is required.

Just to be clear; the PADI ProCheck is far from foolproof! I worked from Nov. to Mar. for one resort operator, on his shop policy, paying him $40 per pay period for that privilege (rip off!). Then I did not work as a dive pro until mid August, for another operator, who listed me on his policy with that insurer notifying PADI, but when Nov. came around PADI listed me as Not in Teaching Status. Looking back, I was listed In Teaching Status during the period between and if I had submitted certs at that time they would have gone through even though I was not covered, whereas in Dec. certs did not go through when in fact I was covered and they had been so informed.

To reiterate; To be active in this region you do not necessarily have to have an insurance policy, but at the very least you must be listed on one. Furthermore, the chances that a non active DM in the vicinity of an accident will be sued is so remote as to wonder if it is insurance salesmen who started that silly rumor!

 

[Divin'Papaw]

Just to be clear; the PADI ProCheck is far from foolproof! I worked from Nov. to Mar. for one resort operator, on his shop policy, paying him $40 per pay period for that privilege (rip off!). Then I did not work as a dive pro until mid August, for another operator, who listed me on his policy with that insurer notifying PADI, but when Nov. came around PADI listed me as Not in Teaching Status. Looking back, I was listed In Teaching Status during the period between and if I had submitted certs at that time they would have gone through even though I was not covered, whereas in Dec. certs did not go through when in fact I was covered and they had been so informed.

To reiterate; To be active in this region you do not necessarily have to have an insurance policy, but at the very least you must be listed on one. Furthermore, the chances that a non active DM in the vicinity of an accident will be sued is so remote as to wonder if it is insurance salesmen who started that silly rumor!

.. and thus having insurance. Whether you pay for it yourself or are included on a shop policy, you have liability insurance in both instances.

 

[boulderjohn]

But they put that warning on there for a reason. Some idiot is going to pop that pill, go for a drive, fall asleep, crash into a bus full of kids and blame Ambien, because they fell asleep.

Or the opposite could happen. Just two weeks ago a school bus driver in our town took Ambien to sleep at night and did not realize that it could still make him drowsy the next day. Fortunately, none of the 17 students in his bus was hurt when he crashed.

Boulder school bus driver says he used Ambien night before crash - Boulder Daily Camera

 

[paddler3d]

Or the opposite could happen. Just two weeks ago a school bus driver in our town took Ambien to sleep at night and did not realize that it could still make him drowsy the next day. Fortunately, none of the 17 students in his bus was hurt when he crashed.

Boulder school bus driver says he used Ambien night before crash - Boulder Daily Camera

That is just sad.