Once a DM always liable

[Jim Lapenta]

I'm currently going through the DM course. As soon as I get a couple more bonus checks I'll be getting the IDC crewpack which includes a copy of" LAW and THE DIVING PROFESSIONAL". So at this point having not read it I cannot say if one would be liable or not. But to me it would seem that if you are not working and with another group it would be hard to be assumed as being liable. It would be like a ski instructor from vermont being sued because someone on the next slope in wyoming broke his leg because he did not know how to stop. Although in the US if people who are too lazy to get up off their butts and take the stairs or keep their jowls closed can sue mickey dee's because they are fat I'm sure someone can find a shyster to sue a DM on vacation who is with a different group.

 

[Robert Thompson]

I first heard of this possible law suit situation 12 years ago in my DM course. They put the fear of god into me about it, and now I think its just unneccessary stress. Yes the law suit is going to blanket everyone involved but I have never actually heard of this costing a divemaster or instructor that was not at fault. If someone has please by all means speak up. But I think this is sub-urban legend. A lady sued because she spilled hot coffee on herself, but I still serve coffee to my guests.

Shane
www.sandiegotechdiving.com

 

[*Floater*]

A lady sued because she spilled hot coffee on herself, but I still serve coffee to my guests.[/url]

I know this if off topic, but the coffee you probably serve is around 135 to 140 degrees fahrenheit, whereas McDonalds was serving it's coffee around 185 degrees as a matter of enforced policy. In the past 10 years prior to the lawsuit, their coffee had injured at least 700 other customers, some of whom had suffered 3rd degree burns similar to those of the 79 year old lady that sued them. The lady initially asked McDonalds for $20,000 to cover her medical bills (she was uninsured), but since McDonlads refused she sued and they had to shell out about $600,000 in the end - most of it was in punitive damages to convince them to stop selling 185 degree coffee. Personally I think it serves them right unless there was a big warning on the cup to say the coffee was hazardous until allowed to cool.

 

[dhogan4342]

Master SCUBA dive is a rec level and has nothing to do with or is even on the path of DM. SUre you can go back, just let your PADI membership expire.

Ok, but then can I make the DM active again later down the road?

 

[CIBDiving]

... Yes the law suit is going to blanket everyone involved but I have never actually heard of this costing a divemaster or instructor that was not at fault. ...

A lawsuit can cost you a lot of money even if you're not at fault. Just the costs of defending yourself from a bogus one can bankrupt you. That's why you get insurance Not to protect you if you screw up but to protect you if you Don't.

It's been Said - "Duty of Care".

A buddy diving with you constitutes duty of care.

If a person sat beside you and asked advice of you on how to setup their gear, what the divesite was like, or anything that could be considered as Professional advice you may opened a door.

 

[CIBDiving]

... Personally I think it serves them right unless there was a big warning on the cup to say the coffee was hazardous until allowed to cool.

Yeah, I heard about this blonde that sued a pharmcutical company that made her spermicidal jelly - seems she still got pregnant even after she spread it on her toast.

 

[Spoon]

I know this if off topic, but the coffee you probably serve is around 135 to 140 degrees fahrenheit, whereas McDonalds was serving it's coffee around 185 degrees as a matter of enforced policy. In the past 10 years prior to the lawsuit, their coffee had injured at least 700 other customers, some of whom had suffered 3rd degree burns similar to those of the 79 year old lady that sued them. The lady initially asked McDonalds for $20,000 to cover her medical bills (she was uninsured), but since McDonlads refused she sued and they had to shell out about $600,000 in the end - most of it was in punitive damages to convince them to stop selling 185 degree coffee. Personally I think it serves them right unless there was a big warning on the cup to say the coffee was hazardous until allowed to cool.

pretty obvious that hot coffee is hot and should be careful.

 

[Spoon]

Yeah, I heard about this blonde that sued a pharmcutical company that made her spermicidal jelly - seems she still got pregnant even after she spread it on her toast.

thats hilarious!

 

[Christi]

Ok, but then can I make the DM active again later down the road?

You will find out that you'll need to carry insurance even as an inactive DM for a certain period of time...at least it is recommended if you've done any assisting of instructors. Even if you are inactive the possibility of being sued later down the line is there...however remote, it is there. You must be insured at the time the suit is brought. The statute of limitations in most states is 2 years +/- This means that someone can bring suit against you for a cause of action up to two years after the damage was done.

In otherwords, just because you are no longer active, does not prevent you from being sued for something that happened while you were active.

 

[markfm]

OT somewhat, but what does DM insurance cost in the US?
(This is starting to sound like the thing to do is become a DM candidate, but never bother pushing the final paperwork )