As Jim points out, there is a difference between being sued and being liable. In the scenario you raise ( and this attorney Dennis, not DivemasterDennis now posting), the key is reliance. If the other divers made it clear to you that they were only diving because you were with them, and that were looking to you to do the dive plan and lead the dive, and you undertook the task knowing they were relying on you as a professional diver, then you have a duty to act as a reasonable and prudent divemaster would in those circumstances. That means, for example, if you led divers deeper than the recreational limit ( or their own limits of competence ) and someone suffered injury or other damages, you are likely to be liable. In addition, the reliance the other divers place in you must be reasonable. That is, you standard of care is that of a divemaster, not a physician. It should also be said that if you undertake to repair or set up someone's equipment, acting as a divemaster, or because they asked you too as a divemaster, not just a friend, then if you are negligent in doing so you will be liable for any damages caused. Certified divers are responsible for themselves, but if they rely on you as a professional to do something, you must exercise due care and meet the same standard of care applicable that would apply if you were the paid dive leader. I know that may be a less specific answer than you want, but these cases each turn on their own facts. They key is reliance by the other diver on your professional skills, and your undertaking to do something FOR them as a dive professional. Clearly it is possible for a dive professional to go diving with friends without professional liability. But what if you observe a diver seriously overweighting themselves, or you hear or see a leak in a connection or bc, are you required to act? Friendship dictates that you should, and the law says you probably should too, though absent reliance and undertaking, liability will probably not attach. In a "close call" situation, the court is also likely to look at how much control you had over the other divers. If you were the clear leader and "order giver," it is much more likely that you may be liable than if you are not. Feel free to private message me if this response leads to further questions. And may I recommend you maintain a policy of professional liability insurance for divemasters? Companies do write it and I maintain mine at all times. It is VERY cheap compared to liability insurance for lawyers.
DivemasterDennis ( a real trial lawyer with 33 year in the trade)
