Divemaster and liability

[mongodives]

If fear of being sued is your only reservation about taking a DM course, do it. Liability aspects of being a DM should be clearly explained as part of the training as well as being clearly stated in the agency you choose to train with policies and standards. Once you complete the training you can then make a more informed decision. Cool thing is regardless of what you do with it no one can take the training or experience away from you.

 

[Divin'Papaw]

In my mind, it's pretty obvious if I'm DMing or not. If I'm assisting with a class or teaching one myself (scuba review), than I'm DMing. If I'm leading a trip, than I'm DMing. In these instances, there will be liability releases signed and filled.

If I'm just a guy diving with a buddy or several, I'm not DMing. That's just certified divers out for a dive together.

Now with that said, once you're trained as a dive professional, a court of law may possibly hold you to a higher standard of care in the event of an accident. That's another reason to (1) carry liability insurance and (2) always practice sound judgment and decision making.

I actually carry DM-level diving specific liability insurance and have a $1 million dollar liability rider on our homeowners insurance. My biggest fear is NOT getting sued for doing something stupid and losing, but rather getting sued frivolously and thus needing to defend myself. The most important aspect of liability insurance IMO is the fact that the insurance company will pay for your defense. The cost of defending yourself in even a frivolous lawsuit can come to tens of thousands of dollars very easily.

 

[Serdin]

ScubaRich, thats kinda what I was wondering, I'm currrenly certified as a NAUI MasterDiver, from my understanding it doesent require me to do anything (not to say that I'm not going to help a buddy in trouble). I wasnt sure now that if I jump up to DM and now be on the hook just for going out for a dive with buddies? I'm pretty conservative on my dives, I dont push the limits, but I do dive with guys that tend to go farther than I would. Not to say they are wrong, I just wouldnt do it as I want to go home at the end of the day. Dont want to be on the hook because they decided to push it and family says "hey why didnt you stop em" Unless I say "hey buddy, I know we have been diving for years together but youre trouble in the making and I need you to sign a waiver"

 

[ScubaRich]

ScubaRich, thats kinda what I was wondering, I'm currrenly certified as a NAUI MasterDiver, from my understanding it doesent require me to do anything (not to say that I'm not going to help a buddy in trouble). I wasnt sure now that if I jump up to DM and now be on the hook just for going out for a dive with buddies? I'm pretty conservative on my dives, I dont push the limits, but I do dive with guys that tend to go farther than I would. Not to say they are wrong, I just wouldnt do it as I want to go home at the end of the day. Dont want to be on the hook because they decided to push it and family says "hey why didnt you stop em" Unless I say "hey buddy, I know we have been diving for years together but youre trouble in the making and I need you to sign a waiver"

Thanks to our litigious society we all live in fear of being sued. Just remember you can sue anyone for anything, Weather you win or not is another story. As Divin Hooser said defending yourself can be quite expensive. Carry insurance and keep a low profile when not in a professional roll.

 

[SailNaked]

There have been cases of people being sued or in criminal court because all they had was rescue diver and failed to provide the minimum of a rescue attempt in the eyes of the prosecutor, jury's are not likely to be divers and do not have much to go on other than some lawyers opinion that as a rescue diver you should have rescued the person that died, I will always consider the insurance as necessary from now on whenever I dive with anyone else. I buy car insurance every year, I buy house insurance and health insurance every year, now I have to buy dive insurance if I dive, I also get my regulators serviced, part of the cost of diving.

 

[Serdin]

One last stupid question, NAUI said DM insurance was like $335 for the year (ouch), are there other places that have better rates that I could get it from?

 

[Divin'Papaw]

I get mine through Witherspoon. This year it was $302.50 for DM. It runs June 30 to June 30. You really won't find it much cheaper. They are all in the same ballpark.

 

[ScubaRich]

There have been cases of people being sued or in criminal court because all they had was rescue diver and failed to provide the minimum of a rescue attempt in the eyes of the prosecutor, jury's are not likely to be divers and do not have much to go on other than some lawyers opinion that as a rescue diver you should have rescued the person that died, I will always consider the insurance as necessary from now on whenever I dive with anyone else. I buy car insurance every year, I buy house insurance and health insurance every year, now I have to buy dive insurance if I dive, I also get my regulators serviced, part of the cost of diving.

Do you have any specifics of any of these cases? Do you know if the rescue diver was successfully sued and held liable?

 

[SailNaked]

I read about them here on SB, look in the accidents section, one husband, and another but I do not remember specifics (old rum infected brain). the husband definitely went to jail. another may have been a Russian instructor, but I may be confusing stories. not US cases that I remember but again not so good on the memory.

 

[Peter Guy]

I generally enjoy this topic because of all the bad, and wrong, information that is given. Being a "professional" does not, in and of itself, create liability -- but not being a "professional" does not, in and of itself, absolve one of liability.

The ONLY "right answer" to the questions is, "It depends on the circumstances."

Several of the attorney's on SB have provided very good explanations of the law regarding liability works, both here in the US and in other countries.

Do you increase your liability risk because you are a DM? Probably not. Do you increase your liability risk due to more training and experience? Probably.

Is there really that much liability to buddies/professionals/Scuba Divers in general? Probably not (at least in the US).

Should one have liability insurance if you are an "active" diver? Probably!