Legal considerations for the Fire on dive boat Conception in CA

[NAM001]

I did not know this. When I received my divemaster certification back in the 80's we were taught (NAUI) there was no duty to rescue anyone unless we were actively acting as a divemaster at the time. I admit I have not divemastered for 30 years.

Granted, I would hope any of us would jump to the rescue of any diver in trouble as long as it was within our physical capabilities to do so; however, I did not know it was now a full time responsibility that came with the certification. When did this change and do all certifying agencies adhere to this?

I had a DM tell me this. The rational was that the DM is trained to provide assistance and there for has no way to justify seeing and ignoring a situation. They cant say they did not know what to do to help. the same thing goes with Master divers since they have to have rescue. Being a non active DM may be a different thing. He also brought up the issue of if anything happens they look up all the divers in the area so that again if you presented a AOW they would know you were DM qualified and curently insured proving you were active. that too,, may vary state to state. He says it is treated as a paid publlic servant. like a fire truck can not pass an ongoing fire without stopping if they see no department is present and is not on a call, they have to at least call it in as a minimal response and continue to their assigned scene. Once you become a company man you sorta loose the good samaritan options. the problem to pointing blame is this,,,, can you prove the DM knew there was a problem or not. Probably a hard thing to prove in many cases, but very simple on other cases. Doctors have the same issue when coming on a scene while traveling. They are required to stop and at lest offer assistance. but if no one knew you were there you just drive by with out stopping to avoid being sued.

 

[djcheburashka]

I do not believe it is true. I am NOT a lawyer, and I would expect it to be challenged in court, but is there ever a requirement to render aid? In any situation??

Yes, there is such a situation: It's called a duty of care.

A passerby does not have a duty of care. Someone else on the dive who just happens to be a divemaster does not have a duty of care.

Someone who is paid to provide a service, however, does have a duty of care. A duty of care that, generally, they cannot get out of by contract. This is the singular concept that you have pervasively refused to understand.

The classic example, in the law, is the captain of a ship!

 

[cerich]

Yes, there is such a situation: It's called a duty of care.

A passerby does not have a duty of care. Someone else on the dive who just happens to be a divemaster does not have a duty of care.

Someone who is paid to provide a service, however, does have a duty of care. A duty of care that, generally, they cannot get out of by contract. This is the singular concept that you have pervasively refused to understand.

The classic example, in the law, is the captain of a ship!

duty of care and duty to rescue or provide aid are not the same.

Duty of rescue in maritime law is to go to the aid of another ship/mariners in distress.

 

[tursiops]

Anything that follows an intro like this is suspect. No reason to think that DM had any correct info, other than myth, rumor, and hearsay.

I had a DM tell me this.

 

[JohnnyC]

Duty of care does not apply to a DM outside of a DM role. If a doctor rolls by an accident, they have a duty of care. The same does not apply to a DM.

 

[KevinNM]

Duty of care does not apply to a DM outside of a DM role. If a doctor rolls by an accident, they have a duty of care. The same does not apply to a DM.

It depends in state law. In NM, they have no duty unless they are there in some sort of official role.

 

[NAM001]

Duty of care does not apply to a DM outside of a DM role. If a doctor rolls by an accident, they have a duty of care. The same does not apply to a DM.

Unless some knows you are a doctor ,,,, there is no enforcement to rendering care. The doctor can just drive by. AND DO. That is how you kep your malpractice costs down. Just another one of the worlds sad realities.

 

[Cowfish Aesthetic]

I would strongly encourage anyone who is uncertain of their legal risks and obligations to seek the advice of a competent attorney and not put any faith in the musings they may find on the internet, particularly those in this thread.

 

[Lorenzoid]

Duty of care does not apply to a DM outside of a DM role. If a doctor rolls by an accident, they have a duty of care. The same does not apply to a DM.

I'm going to go with @KevinNM 's assertion that it could vary by state. A quick Google reveals at least one assertion that a doctor does not have a duty of care in that situation: "A doctor dining in a restaurant has no duty to come forward and assist a fellow customer who is suffering a heart attack." What Is a Doctor's Duty of Care? - FindLaw

 

[The Chairman]

I would strongly encourage anyone who is uncertain of their legal risks

Nah. If I can help, I certainly will. I'm not going to hide behind fears of "what if they sue" if I see someone I can help. I'm not going to throw caution to the wind, and I'll protect myself from becoming another victim. My ethics outweigh my common sense, and I'm glad of that.