Divemaster and liability

[cruiser]

Lots of good info in these posts and previous posts about pro insurance.

Not to rehash all that again, but here's one of the reasons why I keep my insurance current, whether I'm active as a dive con or not.

If something happens on a dive trip and the injured party lawyers up, the lawyer usually gets the fellow divers' info. When they discover that you, as a fellow diver, are a dive master, it's very likely you'll be named in the suit. This DOESN'T mean the injured party has a valid claim against you; and it DOESN'T mean that they'll even collect anything from you. BUT, the legal fees incurred IN YOUR DEFENSE can be substantial, and your pro dive insurance usually covers those costs.

 

[ScubaRich]

Peter, I'm sorry but you really didn't clarify the "bad and wrong information with answers to every question, Probably not, Probably and Probably

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.

I agree!

The ONLY "right answer" to the questions is, "It depends on the circumstances."
I also agree, but doesn't clarify.

 

[Divin'Papaw]

It's clear how a litigious society feeds on itself and produces, exponentially it seems, an ever growing need for lawyers and insurance companies. The answer to just about every legal question is 'it depends'.

 

[MauiScubaSteve]

Thanks to our litigious society we all live in fear of being sued.

How in the world can you justify this silly statement? I for one am not living in fear of being sued. The only things I have worth more than a thousand dollars are......OK, never mind, I may not have any thing worth over a thousand dollars (except to me, see below), and I make my living as a Scuba Instructor (pretty much going further in the red every month).

'91 Lava Lined RX-7, the A'a Convertible!​

 

[MauiScubaSteve]

I have worked for the last 4 years as a Scuba instructor/guide in the USA without having a professional dive insurance policy. Every employer I have worked for in the last 4 years has had a "shop" policy that I have been named on, and currently I am even named on one operators policy that I just take "my" students out on; no exchange of money between us.

During the times when I wasn't actively working in scuba I did not always have coverage; as a non working DM you do not have to have coverage. As stated above; depends on the situation, but non working DM's getting sued is rarer than recreational nitrox toxing!

 

[paddler3d]

How in the world can you justify this silly statement? I for one am not living in fear of being sued. The only things I have worth more than a thousand dollars are......OK, never mind, I may not have any thing worth over a thousand dollars (except to me, see below), and I make my living as a Scuba Instructor (pretty much going further in the red every month).

'91 Lava Lined RX-7, the A'a Convertible!​

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?

 

[ScubaRich]

I have worked for the last 4 years as a Scuba instructor/guide in the USA without having a professional dive insurance policy. Every employer I have worked for in the last 4 years has had a "shop" policy that I have been named on, and currently I am even named on one operators policy that I just take "my" students out on; no exchange of money between us.

During the times when I wasn't actively working in scuba I did not have always have coverage; as a non working DM you do not have to have coverage. As stated above; depends on the situation, but non working DM's getting sued is rarer than recreational nitrox toxing!

You are correct! Insurance is not required for a non active DM. But being in non active status won't stop some lawyer possibly naming you in a lawsuit. Also independant instructors don't have the luxury of being carried by a diveshop.

On a side note, I wish I could be footloose and fancy free in Hawaii, unfortunately i'm stuck in the NE where there are more lawyers than grains of sand.

 

[TMHeimer]

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!

Serdin, These responses are pretty much what you will see on the Going Pro sub forum. The one I've quoted probably says most of it best. You'll probably never get an exact answer to your question because I really don't think there is one that covers all situations.

 

[Serdin]

Well thanks to all for the info, it was helpfull. I guess the real answer is that it dosent matter who you are, you can always be sued, so you might as well put your best foot forward.

 

[RJP]

My understanding is if you are an 'active' DM, you should have insurance.

To be clear - at least in PADI - you are NOT an "active DM" if you DON'T have insurance. It's not a matter of "should."