Should DMs worry about getting sued?

[SeaHound]

I was thinking of getting a DM certification as the next logical progression in diver training. While I may enjoy teaching and assisting / leading dive trips etc I already have a career and dont intend on doing scuba training as my bread and butter.

I was wondering if DM certification would be worth it? One thing that has discouraged me about the DM certification is the idea that a DM certification opens you up for a lawsuit even if you are on a vacation diving with people you never signed to instruct / assist. Is there any truth to this? Those of you who are DMs ... are you always living your lives in fear that in case an accident happens and you happen to be in close proximity, you will get sued?

Please let me know your thoughts ....

 

[TMHeimer]

Go to the "Going Pro" sub forum. Tons of views on this.

 

[PvtStash]

and as such have certain obligations/responsibilities...

you can Always be sued (DM or not, especially in America), but by carrying the professional rating I'd say your risk IS increased. Comes with the territory.

always act in good faith with due diligence and carry some liability ins. "just in case"

 

[mike_s]

Yes... DM's are charged with safety of leading dives and assisting with classes often.

so you can be sued.

that's why "active" DM's have insurance through an agency for such. pretty sad huh?

 

[B.L. Justice]

Everyone has a different view but I think most folks will agree that anyone can sue anyone for just about anything. The question isn't if you can prevail, it is, can you afford to defend yourself. SB is getting hammered for things others have said. That is a tough one to defend. As a DM, you run the very real risk of being individually named and having to defend yourself even if the operator or instructor has a full suite of protection.

Kind of like meeting someone in a bar for a quick fling, protect yourself or you might pay later in a large way.

 

[SeaHound]

I understand the points people have made. Specially that there is responsibility that comes with being a professional. But the specific situation that I am asking about is if a DM is doing vacation dives. He is not working, not leading, not assisting just doing a pleasure dive with a group in which one person gets into an accident. Does the situation present significant risk for a lawsuit?

 

[PvtStash]

I understand the points people have made. Specially that there is responsibility that comes with being a professional. But the specific situation that I am asking about is if a DM is doing vacation dives. He is not working, not leading, not assisting just doing a pleasure dive with a group in which one person gets into an accident. Does the situation present significant risk for a lawsuit?

Or in any way acting in your professional capacity, then you stand the same risk of being sued as anybody else on the boat (staff/crew excluded as their risk is higher), or at least this is my understanding...

 

[SkimFisher]

You don't have to present a DM card to do a vacation dive, do you? (rhetorical question)

That said, I think it goes without saying that you help where help is needed. I'm not a DM, however that doesn't keep me from helping someone if they need it.

On the other hand, barring gross negligence, I really can't stand sue-happy people. Diving isn't for couch potatoes and there are inherent risks. People need to accept that or take up knitting.

 

[mike_s]

I understand the points people have made. Specially that there is responsibility that comes with being a professional. But the specific situation that I am asking about is if a DM is doing vacation dives. He is not working, not leading, not assisting just doing a pleasure dive with a group in which one person gets into an accident. Does the situation present significant risk for a lawsuit?

rest assured that if you're on a vacation dive, that if someone dies, that if the family has a good lawyer, they will subpoena the dive company for a list of everyone on the boat and most likely their certification levels.

It's just a sad fact of today's litigious society.


If you're going to present your DM card, I'd make sure your insurance is up to snuff.

 

[Dave1981]

Really don't let that worry hold you back. I'd like to think that in an accident situation everyone regardless of their cert level will assist. That way having the knowledge and experience to lead will actually be beneficial should anything come of it as you will be able to better explain why you did what you did, and why that was the right course of action at the time.