austriandiveress
Contributor
I had a conversation recently with a diving physician, himself a diver and certified instructor. In the course of our chat the following hypothetical scenario was discussed:
Divers 1 and 2 are on holiday. Diver 1 has been diving for many years, is a certified instructor who likes to "push the envelope" concerning depth, etc.
Diver 2 learned to dive from Diver 1, has in the meantime logged many dives and is experienced, has AOW certification. Neither are particularly fit, both are middle-aged.
The two dive two times daily for a week, with several dives meeting or exceeding the 40 meter mark. Everything goes well for several days. Then Diver 2 has a DCS hit and is given 02. He quickly feels better and, at Diver 1s urging decides to dive the following day as well. This time he gets very bent; he dies a short time thereafter.
So.... the physician now tells me that this behaviour indicates (at best) negligence on the part of Diver 1, and supposedly, should the family of Diver 2 decide to press charges, Diver 1 can be convicted of manslaughter. (or at least the Austrian equivalent thereof)
I asked why this is, because Diver 2 was not an inexperienced diver and chose to do this type of dive. Additionally, the student-teacher relationship had ended years before.
Doesnt matter, says the Doctor. He maintains that as an instructor, Diver 1 will always be held to a higher standard of behaviour, and should be held responsible for the consequences, especially as he and Diver 2 had been diving buddies many times: Diver 1 should know his partner's level of fitness.
I am asking this question not to discuss whether or not the divers in this scenario behaved dangerously (obviously they did) nor to discuss the benefits/drawbacks of a sometimes litigious society, but because I'd simply like to know: is an Instructor, simply by his certification, ALWAYS held to the highest standard of behaviour when under water, a bit like an off-duty Police Officer? Is this correct/reasonable/fair?
I had simply no idea where to post this question, and apologize should it be someplace else! (didnt want to post under accidents, as it is a hypothetical)
Divers 1 and 2 are on holiday. Diver 1 has been diving for many years, is a certified instructor who likes to "push the envelope" concerning depth, etc.
Diver 2 learned to dive from Diver 1, has in the meantime logged many dives and is experienced, has AOW certification. Neither are particularly fit, both are middle-aged.
The two dive two times daily for a week, with several dives meeting or exceeding the 40 meter mark. Everything goes well for several days. Then Diver 2 has a DCS hit and is given 02. He quickly feels better and, at Diver 1s urging decides to dive the following day as well. This time he gets very bent; he dies a short time thereafter.
So.... the physician now tells me that this behaviour indicates (at best) negligence on the part of Diver 1, and supposedly, should the family of Diver 2 decide to press charges, Diver 1 can be convicted of manslaughter. (or at least the Austrian equivalent thereof)
I asked why this is, because Diver 2 was not an inexperienced diver and chose to do this type of dive. Additionally, the student-teacher relationship had ended years before.
Doesnt matter, says the Doctor. He maintains that as an instructor, Diver 1 will always be held to a higher standard of behaviour, and should be held responsible for the consequences, especially as he and Diver 2 had been diving buddies many times: Diver 1 should know his partner's level of fitness.
I am asking this question not to discuss whether or not the divers in this scenario behaved dangerously (obviously they did) nor to discuss the benefits/drawbacks of a sometimes litigious society, but because I'd simply like to know: is an Instructor, simply by his certification, ALWAYS held to the highest standard of behaviour when under water, a bit like an off-duty Police Officer? Is this correct/reasonable/fair?
I had simply no idea where to post this question, and apologize should it be someplace else! (didnt want to post under accidents, as it is a hypothetical)