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>     The following facts were were presented by a insurance agent
> for one of
> the major rec training agencys at a recent diving conference. Although it
> was scuba specific it still applys to charters.
>       1) If an instructor is directly or indirectly involved in a scuba
> accident( ie.. knowingly  allowing someone to make a dive they are not
> qualified for, like just being present on the dive boat) THEY
> WILL BE SUED.
>

Just being on the boat may get you sued, but in the US, they will probably
not win.  (disclaimer; this is NOT legal advice, etc.)
 You need to have a "duty" (a legal term, but it means pretty much what it
sounds like) to the plaintiff, and if he cannot prove you had a duty to him,
he loses. (you also need to be the actual or proximate cause of his
injuries, and if not he loses. But you dont even get to this point without
the duty.)

An instructor has a duty to his students, the dive boat has a duty for some
things to the divers, like not dropping an anchor on your head, transporting
you safely, etc.

 Everything else depends upon the circumstances and the local laws which DO
vary.
 For example, I would NEVER do the things in california that are common in
florida, as the customs vary greatly.  I suspect that if caves were in
california, NO ONE would be diving them due to litigation.

also in most areas you have no affirmative duty to act to save someone.  for
example in california, i can watch someone drown, and as long as i am not
HIS instructor or took on some responsibility (more than just being there) i
am NOT going to be held liable.

(Caveat: if i watch him die in such as way that others think i am helping
him, and that causes them not to help, then i may be held liable.  for
example i cannot pull over to the scene of an accident, making others think
i am helping, and then not help if it prevents the others from helping.)

the bottom line is, it depends if i am held liable or not.

i for one am not worried about losing a suit just because i am an instructor
and happen to be present when he dies.  and i have seen some incredibly
stupid things over the years.

 BUT that doesnt mean that you wont get sued if you are an instructor and
just happen to be on the boat where some idiot killed himself doing
incredibly stupid things. In fact i would count on it if you are divemaster
or above.

 Their rational: Maybe your insurance company will pay off even if you arent
at fault; cheaper than litigation.  and in the meantime your life is turned
upside down.

Anyone who tells you different doesnt have a clue about our court system.


Mark G.

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