RonFrank:Christi,
You've just explained why someone willing to take a DM on the boat at no charge, and even pay for air IS compensation.
There is certainly nothing wrong with recreational boat owners using the boat for diving. There are things that should be considered. IMO having O2 on the Boat is one example. But IMO one does NOT need to be a trained, and licensed Captain to go boat diving.
As for liability, when does the DM become Liable for someone diving with them? I would think that without a contract, and payment, there would be no liability. If payment was made, and an agreement signed then there is liability.
Ironically every contract I've ever signed using a DiveOP is FULL of releases that basically say that diving is dangerous, and they are NOT responsible if I am injured or die. In fact, I sign a similar waiver every time I take training with the LDS, or even just use their pool
So with that said, when exactly IS a DM or Instructor liable??
NKY Diver did a good job of explaining it.
Once you cross that professional line, you have a certain amount of implied responsibility, whther in a signed contract or not.
The PADI Divemaster course and of course the IDC has a whole section on risk management. As a DM, you have a duty of care to those you lead...again whether with a signed contract or not. Of course diving has inherent risks and divers need to be aware of these risks, hence the releases. By signing the release, you have given your INFORMED CONSENT and you have accepted the inherent risks of scuba diving as a participant.
Divemasters are expected to act as a reasonably prudent prson would and the duty of care lies in making his/her best effort to avoid reasonably foreseeable accidents. Negligence comes into play when the DM breaches this duty of care. It's ultimately up to a court of law to determine whether there was a duty of care related to the specific incident and if that duty of care was breached, directly or indirectly causing the accident....this is liability.
Signing the forms does not keep you from getting sued. In many legal systems, including the US, someone can file a suit against you without having to prove liability...even if you did nothing wrong.
The releases are an added layer of protection and demonstrate a good faith effort to inform the participants of all risks involved.
So whether working in a diveshop or out on a boat...in the event of an accident, as a professional, you have a duty of care to follow proper protocol and procedures to prevent any foreseeable accidents.
As far as not having to be a trained and licensed boat captain to go boat diving, again, that depends on where you are. Some places require it...Cozumel for example. And while not required in other places, it certainly is a prudent thing to consider. If drift diving is involved, the captian of the boat needs to be able to follow the divers bubbles and he needs to be aware of where the divers are at all times so as not to run over them no?
There's a book by PADI called "The Law and the Diving Professional" it is a great resource for all DM's and instructors...even non-professional level divers.
Hope that's answered SOME of your questions
