Divemaster liability

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This question has been raised many times on different subforums. Each time it comes up, the many opinions (including some from diver/lawyers) lead to the conclusion that there is no absolute answer. Each case is different and decided on it's own merits. One thing most agree on is that presenting a lower cert. card like AOW does not help you at all. One of the first things an opposing lawyer apparently does is determine the certification status of EVERYONE on board or involved.
There is general agreement that a dive professional will be held to a higher standard whether he is working or on vacation. Also that it is unlikely he would lose a lawsuit if he followed proper procedures, local protocols, etc. But there is no guarentee of anything in court. As well, because one is simply an OW diver with 3 dives experience, one is not automatically safe from all lawsuits. If you agree to be a dive buddy, what are you agreeing to do should an emergency occur? The OP's question cannot be answered yes or no.
 
I had a bit of this discussion today with someone - the liability of a divemaster.

So with the ambiguity - the possibility of being sued, the maybe or maybe not, is it recommended that divemaster's hold liability insurance - such as what's offered by companies like Willis (WRSDI)? I know - more $$.

And while it won't help the DM that goes stir crazy and decides 200ft is a great idea, is it still a good idea even for the DM that's not actively working in the capacity and just diving recreationally?
 
How about a hypothetical example to evaluate:

Instructor Bob is away on vacation with a dive buddy. They are going to be on a dive boat that always has an instructor in the water and a DM and captain on the surface. The DM may or may not go into the water depending on the amount of divers on the boat or if there was a request by one of the divers to accompany them. Instructor Bob and his dive buddy are off doing their own thing and an event happens with one of the other dive buddy teams. The team with the incident are both AOW and were also on their own. The instructor from the dive boat was with 2 students and no where near the perilous duo. This is a typical setup for a dive boat. If the incident was an OOA due to poor planning, where is the liability with either instructor or the DM for that matter? The captain and DM did a thorough pre-dive brief and reminded everyone they were responsible for their own dive planning.

My opinion is that if there is a lawsuit, the blanket will be thrown over all parties with insurance initially until it is sorted out during depositions. I am sure that the dive boat operator, captain, DM and both instructors will be served. Attorneys always go wherever there is insurance because that almost guarantees a payout of some sort. Why bother suing someone who is poor with no money?
 
My opinion is that if there is a lawsuit, the blanket will be thrown over all parties with insurance initially until it is sorted out during depositions. I am sure that the dive boat operator, captain, DM and both instructors will be served. Attorneys always go wherever there is insurance because that almost guarantees a payout of some sort. Why bother suing someone who is poor with no money?
If this always happens, can you cite an example where it has happened once as an example?
 
I never announce my level of certification and only provide my "Deep" Specialty and Nitrox cards for recreational diving. If nobody knows you are a dive professional, nobody is likely to sue you.
 
If this always happens, can you cite an example where it has happened once as an example?

I do expert witness for law offices against contractors, building owners, etc. They always go where the money is, those with insurance. Over a particular septic problem as an example, the suit was brought by the new property owner against: Previous owner (seller), Real estate agent, home inspector, the company that manufactured the aggregate for the septic, the sewage enforcement officer and the code official. They all, except for the home inspector ended up sharing the settlement cost. This is the way of litigation in many instances. If you don't have money and no insurance, you are less likely to be served.
 
I sure wish all these people who are saying that a professional who is in the vicinity of a dive accident will always get sued will give us one example where that has happened.
 
I never announce my level of certification and only provide my "Deep" Specialty and Nitrox cards for recreational diving. If nobody knows you are a dive professional, nobody is likely to sue you.

As an instructor I assume you have been in or around such situations. I have no personal experiences, but others on SB have said it is possible that you could be sued anyway, especially in the U.S. Do you base this on experience(s)? You did say "likely", so that would leave to door open at least a crack, no? Splitting hairs, I know. And of course suing and collecting are 2 different things.
 
I'm amused by the notion that if you don't show your instructor or DM card, that somehow that provides protection.

Let's assume that it is true that if there is an accident everyone in the vicinity with insurance will get served. How will it be found out who has insurance? The right answer is that the attorney taking the case will get a list of everyone there from some source or set of sources, and begin investigating who these people are.

Do you think if you have a medical degree but log onto the boat roster as "Mr. Smith" instead of "Dr. Smith" that you'll be protected if you decide to start giving cpr and do it incorrectly causing additional damage to the victim? Sorry, you'll be found out!

In the same way, if you're a DM but you hand the boat captain you're AOW card, it won't stop whatever PI the attorney is going to use to check you out from finding out your real level of training and if you're carrying insurance or not.
 
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