Mr Mares:
"Whether in a professonal role or not"
I doubt very much that this is the case, How can a instructor be liable for someone else when their on holiday. This is ludicrous in the extreme. I realise you are responsable for students and have to have liabilty insurence. But the quote by WVMike clearly says OR NOT, It makes it sound like all profesionals are responsable for everybody at ALL times. I don't think tht is true!
Not exactly my quote, I was paraphrasing what my DIR/F instructor told us. I would be interested to hear what the Attornies on the board have to say about this. One thing that may be different between the US where I live and England is that ours is an extremely litigious society, lawyers will sue and jurys will give outragous monies for the most ludicrous of things at times.
While being part of this discussion an example that could have been a disaster surfaced. Yesterday at the local mud hole several divers where in the water doing surface intervals. There were at least three instructors and two divemasters in the group. A solo diver showed up, not associated with any of us. Tripped and tumbled just getting in the water, we helped him up.
Then he went off to the side and started to make his descent, it was a spectical, there he was floating on the surface putting air in his BC, the dump valve was dumping and he was not sinking, and this went on for quite awhile. Of course we where laughing . Finally one of the instructors went over got his attention and ask if he was ok.
His comment was I don't have enough weight to get down. The instructor asked him if he ever dove before and he said that this was his first fresh water dive, but had been in salt water before and that was why he needed more weight. The instructor then told him what the real problem was. He then let the air out of his BC and sunk like a rock.
Ten minutes or so later he popped up to the surface pretty far out in the lake, mask on forhead but no signal for help. He made it back to the entry area with his tank floating in the water behind just attached by the hoses. One of the divers told him his tank was loose, he turned around and saw it and said OH, thats because this is my new BC I am not used to it, figured I better try it out before I go off the boat. Judging by the way the tank was floating my quess is that it was empty.
He then took all his gear off in the water and started throwing it up to the shore, when asked about this he said my knees are bad I can't carry it. He then drug his tank and BC by the tank valve out of the water and up the path, actually dragging it on the ground.
This could have ended much worse, and I can only imagine his families sharp lawyer having a field day with 3 instructors and two DMs present, even though none knew him or had anything to do with him.
In my hindsight I should have approached him and put all my efforts into not letting him dive, but legally I have no right to do this.
Tuff call, you (meaning any board members) make it, what would you have done?
Mike