Need your advice regarding DM course...

[scuba1634]

Yes! Very correct. I am a DM and do leave my DM card at home. When I'm diving for my stress free time. Diving for me. I do not appreciate being a buddy to a new diver, even another DM that thinks their the best. diver in the entire world. I have had my nightmare dives. I'm always professional when on my time, and if there was a situation that the DM or Capt of the boat asked for help I would. But I know that there are lawyers out there always looking for that lawsuit. Use OW or AOW card.

 

[gratefuljames]

I specifically don't agree (and know, as an attorney) that because you are a DM or an instructor for that matter, that you owe any legal duty in a recreational dive situation on which you are not working: you just don't, legally or morally. Also, I've yet to see any dive operation ask an instructor (much less a divemaster) to "help them out" with their responsibilities to oversee divers on a rec. trip: it is simply unheard of, and, in fact, the opposite is true (they prefer that you stay out of the way and not offer any advice). I have been on trips and maybe wore an instrictor shirt or something, and any time a diver asked me a question, I refer them to the divemaster of the dive op or the captain of the boat. First rule of diving for "professionals": if it's not your boat or dive group, keep your opinions to yourself. So, don't let any of that fol-de-rol deter you: go for it!!!! Personally, I always bring my instructors card, so that I am shown the proper deference by the Divemasters, at least with respect to my own dive-related decisions for me. Otherwise, I keep my mouth shut....

 

[desperate4dives]

for anyone that knows,
I'm currently taking classes through NAUI and will soon be an instuctor. Most of the Liveaboards though, only hire on crew as PADI or say that PADI is reccomended. If i have classes including divemaster through NAUI cna i still get a PADI instructor liscence? also has anyone ever worked aboard a dive ship before? How was it? thanks,
Kurt

 

[ItsBruce]

For those who are interested, I've started an article on potential liability of a DM who is "just another diver along for the ride." Without getting into all the legal stuff, I won't let liability issues deter me from gettng my DM cert.

I don't know about other places, but there is precedent in California that goes so far as to say that city paramedics who were called to the scene of a gunshot wound, who would not apprach the victim until police arrived to secure the area, even though there was no threat to their safety, were not liable when the victim died. The Court of Appeals basically held that even though they were city paramedics, they had no duty to help the victim. Once they undertook to help the victim, they had a duty of care, but not until then.

 

[Darnold9999]

gratefuljames

agree with a very small caveat - I believe that your duty of care to your buddy, even if a buddy of convenience - would be greater as a DM. I think you would be held to a higher standard of care. Could be wrong, but I suspect that just taking on the buddy role would take you out of the Good Samaritan statutes. Would sure want to try it on if I found deep pockets and someone who didn't act within their qualifications. That is if I were still a lawyer. Judges will go through some pretty impressive contortions to find liability if the fact situation makes the victim sympathetic and the pockets deep enough.

Would make a good first year torts exam question! Think of the interesting factual twists you could insert.

 

[gratefuljames]

Yes, I agree that a dive fact pattern would be a killer Tort exam question, and I suggested the same to my Torts Professor at Boston University (Colin Diver, and I kid you not about his last name - he's now President of Reed College I believe) a few years ago. He actually is a well-known commentator and contributor to later editions of the famous "Prosser and Keaton on Torts." I graduated several (ok many) moons ago, but still love that fact pattern stuff...