I need your opinion

[boulderjohn]

Hmm never tought of the "law" perspectiv in this whole thing ...

Not long ago, I would have said that as a dive buddy with no professional ranking, you have no concerns with the law whatsoever. There have been a couple of cases lately, specifically in Malta, where buddies have been prosecuted for failing to rescue someone. Both instances were overturned, though.

 

[Degenerate]

So are you an attorney? Can people in your area rely on your legal advice?

I guess it's hard to imagine that not every place in the world is like yours.
A divemaster guiding certified divers would have zero liability here whatsoever.
The whole culture of liability and especially lawsuits doesn't really exist here, for better or worse.

 

[PR_SMITH]

I guess it's hard to imagine that not every place in the world is like yours.
A divemaster guiding certified divers would have zero liability here whatsoever.
The whole culture of liability and especially lawsuits doesn't really exist here, for better or worse.

What about the recent case in Malta?

Watch: His diving buddy died. Then he was charged with manslaughter

Arthur Castillo recounts that tragic day in January 2020 when he went diving with Christine Gauci

timesofmalta.com

 

[Belzelbub]

I see your point with the casualties. My instructor told me that also at my owd but in that moment i didnt think of that somehow. It all went well so im fine with that.

That's not too surprising. In OW, this is a small portion of the course. In a Rescue course, this should be a larger point of emphasis. My instructor for Stress & Rescue made a point to drill this into our heads many times. Several scenarios were set up and in more than one, there was potential danger related to the scene (on land) as well as panicking divers.

But a major point that was discussed multiple times is that one victim is better than two. Only provide aid if it's safe for you to do so.

Hmm never tought of the "law" perspectiv in this whole thing ...

Unfortunately, that is fairly necessary depending on location. However, in most cases this applies to professionals, as many areas have Good Samaritan laws on the books to protect a first responder acting within their training.

 

[MB NZ]

Malta is shocking in this respect to the point that I don't think I'd visit again. There are lots of places in the world where a dive "professional" would simply disappear at the first sign of legal trouble.

 

[Degenerate]

What about the recent case in Malta?

Watch: His diving buddy died. Then he was charged with manslaughter

Arthur Castillo recounts that tragic day in January 2020 when he went diving with Christine Gauci

timesofmalta.com

That one was a bit of a shocker I'll admit, and I've even lived in Malta for a couple of months.

But you do realize that there are a whole bunch of countries in Europe and all of them have their own laws, no?

I could literally run someone over with a forklift at work and while they absolutely wouldn't have to worry about the healthcare costs they would not get anything worth mentioning out of a potential law suit, just the way things work here.

 

[Wibble]

I see your point with the casualties. My instructor told me that also at my owd but in that moment i didnt think of that somehow. It all went well so im fine with that.

Now you've saved someone, you've actually done some of what you would be taught on a PADI Rescue Diver course!

Rescue Diver is highly recommended (by me at least and I hope everyone else!). In my experience it was the best PADI course I've done and it taught so much about thinking of others and the many issues around rescuing someone. It teaches you to think about others, not just yourself, observing others and possibly intervening (just as you did so well). It's the last "non professional" course you'd do with PADI -- unless you move into PADI's Technical diving courses.

It is one of those 'winter' courses that has a bunch of theory and medical EFR (emergency first responder) which works on a cold days. The in-water exercises are good too -- although a lot nicer in summer

 

[chillyinCanada]

I'm assuming the above will depend a lot on the location and local laws, no?
A divemaster who is just guiding a dive for others would in no way be held accountable where I'm at but I'll bet that would be the case in the US.
A dive guide would have no more liability than a random buddy, which is pretty much no liability at all here.

There is also the possibility that the guide was already carrying his share of nitrogen on that dive. In other words, may have gone to help if necessary but wasn't going to if not necessary, as he had more dives to do that day and the next and so on and so on.

 

[wetb4igetinthewater]

@Klopo

You never mentioned the experience of the dive guide. Even if the dive guide is an instructor, if that person is new, they could have very little experience and be completely incompetent to deal with the situation you describe.

As others have said, you did a great job handling the situation. Your guide ... the opposite.

 

[Klopo]

Are you responsible to help an insta-buddy descending to 50m? Honestly, it really depends on the circumstances, and there is no hard and fast answers, given so many different circumstances.

In this case, I dont think there is a correct response you can apply. You had your gear knocked off by the out of control buddy, IMO you would have been entirely justified in taking the "I wont become a 2nd casualty" approach. At the same time, it appears that you rescued your buddy without actually harming your own safety. Both conflicting answers to this issue can be true. (And I wont even mention if this had occurred in Malta).

As someone with only 10 dives, I would have recommended getting the guide to address the situation -- which is actually what you did, but in this case, the guide was completely useless. These are all changing circumstances that go into the answer to your question, such that there cannot be a clear answer.

Ultimately, you probably saved the life of a complete stranger. So no matter what, you should be applauded for your intentions and your execution, esp considering you only had 10 dives. IMO, you went above and beyond your responsibilities. I hope I would have done the same.

You should have been comped for that dive too!

Thank you for your clear words! Whats about that " if it happended in Malta " ? Is it in Malta something special ?