Divemaster/Instructor liability insurance?

[jo8243]

I am considering taking a PADI DM course and have a question concerning liability. As a DM (or instructor), you are taking on some liability for the safety of any students or other divers you are assisting (regardless of signed waivers -- they have been overturned in court before). In our "place-the-blame on someone" society, we all know how common lawsuits for damages are. Do those of you who are DMs or Instructors carry any type of liability insurance specifically designed for DMs or Instructors? If so, how much does it cost and who is the provider and how much coverage are you provided with?

Thanks

 

[theskull]

All DMs and Instructors who work with classes need to be covered. The insurance is available through PADI, and may even be available to you at a discount through your LDS. Just be aware that LDS-sponsored insurance only covers you while you are working for THAT LDS. I carry my own individual policy so I can offer to help with classes when I am on the road, at a dive site, etc., with whatever shop may be teaching that day.

theskull

 

[BigboyDan]

I am considering taking a PADI DM course and have a question concerning liability. As a DM (or instructor), you are taking on some liability for the safety of any students or other divers you are assisting (regardless of signed waivers -- they have been overturned in court before). In our "place-the-blame on someone" society, we all know how common lawsuits for damages are. Do those of you who are DMs or Instructors carry any type of liability insurance specifically designed for DMs or Instructors? If so, how much does it cost and who is the provider and how much coverage are you provided with?

Thanks

You MUST have liabilty insurance as a DM, your employers will require it. PADI offers insurance through an insurance company. (Current costs per year are around $US 350.) You, personally, should keep your insurance current until five years after your last DM job. You can get all updated information from any dive shop that offers PADI courses.

Also, the above information applies to all DM ratings from any and all certifying agencies.

 

[mike_s]

I'm not a DM so I'm not an expert on this, but when thinking about taking the class just because I thought it would be a good class, one of my instructors said that it opens you to more liability even if you are a paying customer on a boat and an accident happens.

His example was, someone has an accident and drowns on a dive. Now you aren't a working memeber of the crew or anything. You're just there diving. You didn't even know about the accident until it's over and you are back on board. The family of the dead divers lawyer suppeonas the dive shop for a list of everyone on board and the forms they filled out. You put Divemaster on yours and some lawyer doesn't know you from the crew. Divemaster is a professional diver and you should have done more in their eyes, even though you knew nothing of the wreck. Bottom line is that you could get sued for something you had nothing to do with.

I don't know if that type scenario would happen, but something to think about.

 

[adurso]

. You put Divemaster on yours and some lawyer doesn't know you from the crew. Divemaster is a professional diver and you should have done more in their eyes, even though you knew nothing of the wreck. Bottom line is that you could get sued for something you had nothing to do with.
I don't know if that type scenario would happen, but something to think about.[/QUOTE]


This is why everyone I know lists only their basic certifications on a "fun" trip...No rule says you must list "Instructor" or "DiveCon" or "DiveMaster" on a charter you are not working...Some of my more paranoid buddies only admit to basic OW unless required....

 

[jayrobb]

I'm not a DM so I'm not an expert on this, but when thinking about taking the class just because I thought it would be a good class, one of my instructors said that it opens you to more liability even if you are a paying customer on a boat and an accident happens.

His example was, someone has an accident and drowns on a dive. Now you aren't a working memeber of the crew or anything. You're just there diving. You didn't even know about the accident until it's over and you are back on board. The family of the dead divers lawyer suppeonas the dive shop for a list of everyone on board and the forms they filled out. You put Divemaster on yours and some lawyer doesn't know you from the crew. Divemaster is a professional diver and you should have done more in their eyes, even though you knew nothing of the wreck. Bottom line is that you could get sued for something you had nothing to do with.

I don't know if that type scenario would happen, but something to think about.

Well, when it comes to an upset family and their lawyer, anything can happen.

One thing a dive master can do is, when diving for pleasure, not tell anyone they are a dive master. It is possible a lawyer could still find this out, however, that is a practice every dive master and instructor I know follows.

Also, if you are considering taking the dive master course for your own knowledge and skill development, don't let the liability issue stop you. You can take the course and not fill out the PIC or submit the paperwork for membership. Provided you meet the standards, you will have the skills a new, unseasoned dive master should have.

 

[kevink]

There was a decent thread on liablility in the Instructor to Instructor area.

Get the DM training and even submit your paperwork. A fair number of people get a DM cert just to satisfy personal goal they may have.

Anyone can get sued at any time for almost any reason. It comes down to do you owe a duty to the divers around you, or have they relied on your professional experience.

If you ever work as a Divemaster, or hold yourself out as one i.e. telling other divers on a dive "Listen to me, I am a Divemaster" you have opened the pandora's box of liability, in that case, get your own liability insurance policy, which is not cheap.

 

[DBailey]

This senario has been tossed around a few times. In the end, no matter what you list as your certification level, any decent lawyer will get the list of people on the boat and check to see if there were anyone else that they can blame. No matter what, the lawyer will blame everyone in the beginning, and you need representation to get you removed from that list.

In many other discussions, it comes down to "duty of care". If you are on vacation and not acting as a DM, you do not have a duty of care for anyone else.

Now, as for which certification card to show, it depends on the charter. Some charters will restrict you to diving based on the card you show. So there are some out there that you show a DM or Instructor card and you can dive however you want.

 

[kevink]

Unless someone is paying you, leave the DM/Instructor card at home. I may have skipped a few 'check-out' dives but there is no secret club for DM's & Instructors underwater.

Unless I am taking students with me, I leave the card at home and take an AOW or EanX card along with me.

Unless you are prepared to act in a DM capacity, and have insurance to back you up, don't put yourself out as a DM.