Does having 'Rescue Diver' certification make you potentially more liable...

[Cave Diver]

As Cave Diver said - unless you're a professional, you don't have a duty to act.

Actually that's been corrected. I was under a false impression, but further research shows that a professional duty to act in a volunteer capacity is the exception, not the norm.

 

[Jax]

Actually that's been corrected. I was under a false impression, but further research shows that a professional duty to act in a volunteer capacity is the exception, not the norm.

Speaking only for the state of AZ,

ARIZONA GOOD SAMARITAN LAW
Article 4, Emergency Aid​

32-1471. Health care provider and any other person; emergency aid;
non liability. Any health care provider licensed or certified
to practice as such in this state or elsewhere, or a licensed
ambulance attendant, driver or pilot as defined in 41-1831,
or any other person who renders emergency care at a public
gathering or at the scene of an emergency occurrence
gratuitously and in good faith shall not be liable for any civil
or other damages as the result of any act or omission by
such person rendering the emergency care, or as the result
of any act or failure of act to provide or arrange for further
medical treatment or care for the injured persons, unless
such person, while rendering such emergency care, is guilty
of gross negligence. As amended Laws 1978, Ch. 205,1
Approved by the Governor- April 17, 1984
Filed in the Office of the Secretary of State- April 17, 1984
S:\EMT

 

[TMHeimer]

This question is more often asked re the DM and higher certs. Lot's of threads on the liability. One post pointed out that if something does happen a lawyer will just find out what your cert. is, so it can, but doesn't necesessarily help you to just show an OW card, etc. Every case is different and there are no specific rules that guarentee you are responsible or not. I would assume the higher cert. you are the more vulnerable you MAY be.

 

[Jaydubya]

FWIW, the card you show can cause you to be paired with a buddy you might not choose. I might decide to show a lower card for that reason but not for reduced liability.

In most jurisdictions in the English speaking world there is no duty of care (obligation to attempt rescue if feasible) unless there is a special relationship with the victim (instructor-student, paid professional, husband-wife, etc.). I doubt that doing the rescue cert but not getting the card provides any legal protection. It might even expose you to more risk should you decide to attempt a rescue. (A jury might decidce that a reasonable person would not attempt a rescue if not certified to do so).

 

[Cave Diver]

Speaking only for the state of AZ,

ARIZONA GOOD SAMARITAN LAW
Article 4, Emergency Aid​

32-1471. Health care provider and any other person; emergency aid;
non liability.

As I read that, it doesn't require professionals to render aid, it protects them if they choose to do so in a volunteer capacity in an emergency.

 

[Jax]

As I read that, it doesn't require professionals to render aid, it protects them if they choose to do so in a volunteer capacity in an emergency.

Correct - so whether one chooses to act or not to act, they are covered . . .

Unless, the rescue executes an act of gross negligence or omission, like doing a tracheotomy based on a rescue card.

 

[Cave Diver]

Correct - so whether one chooses to act

Yes, but the sidetrack was about the whether or not there was an obligation for a professional to act.

 

[Jaydubya]

The essential thing to remember is that, in general, you have no duty to rescue but once you start you must act as a jury would consider reasonable- i.e. within the scope of your training and not abandoning the rescue attempt as long as it wa safe for you to continue.

 

[Jax]

At least in AZ, from the AZ Revised Statutes: http://www.heartsafeam.com/files/Arizona_Good_Samaritan_Act.pdf


is not liable for civil or other damages to the recipient of the emergency medical aid as the result of any act or omission in rendering such aid or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the sick or injured person.

Basically, the trained person, whether professional or not, has the right to decide if s/he is able to "provide for or arrange for" treatment.

 

[Sat Diver]

The essential thing to remember is that, in general, you have no duty to rescue but once you start you must act as a jury would consider reasonable- i.e. within the scope of your training and not abandoning the rescue attempt as long as it wa safe for you to continue.

I think you would be too preoccupied whilst executing an in water or underwater rescue to think of what a jury would think

But honestly, In my opinion, and being new to this, I think of every person I enter the water with as my brother or sister.
We are entering a hostile environment together.
I would never think for one second of what repercussions might follow a failed attempt at rescue.
In that moment, I will do what it takes to bring you back.
I have been a part of many rescues, two of which the diver did not make it.
I never was held responsible, admitedly the circumstances were different.
But I dont think I could get myself to act or think any different.