7) Risk Managment and Legal Consideration Flashcards
A dive professional’s most important task is to strive to improve diver ______
Safety
4 Goals of improving diver safety
1) Provide for the safety and well-being of divers everywhere (ethical obligation)
2) To provide liability protection for dive professionals, dive boats, and dive industry
3) Maintain the availability of dive insurance
4) Maintain diving’s relations and image with the public, avoid media exaggeration and distortions
Dive incidents in the media are always accurate they never have exaggerated or sensationalized coverage? T/F
Social media can make incidents reported slower/faster
Cameras used to record incidents can never be used in litigation? T/F
False
Faster
False
A professional’s overall judgement, professionalism and character wouldn’t be attacked if their violations of standard or community practices wasn’t related to the incident? T/F
False
Three broad legal considerations that can affect you as an instructor are Litigation, Regulations, as well as Licensing and Copyright? T/F
True
Using good conservative judgement reduces the legal risk in all three of the broad legal divisions? T/F
True
More/Less incidents result in litigation; litigation is becoming more/less international?
More
More
Courts really care about what your intentions were versus what you did? T/F
False
_______ _______ and attention to detail are vital to managing risk, why?
Situational Awareness, because lapses in details or procedures have caused incidents
When you are supervising or instructing in most legal systems say you are said to have a _____ of ______ , an obligation to reasonably protect the well being of less knowledgeable divers
Duty of Care
Do you only have a duty of care if someone pays you to teach them? Y/N
No, it’s the nature of the relationship (ie teaching a friend for free still counts)
Does a diver who knows more assume more risk? Y/N
Yes, but you still have some duty of care if you are teaching or supervising them
Does a reasonably prudent instructor have poor judgement, bad temperament, attention lapses, or bad days? Y/N
No
Do reasonably prudent instructors follow appropriate standards and local procedures and are prepared for situations that may arise? Y/N
Yea
A lawsuit can result after only certain types of incidents? Y/N
You would have to be proven to do something wrong for someone to file a claim against you? Y/N
Only those directly involved can be named in a suit? Y/N
No, any incident
No
No, anyone directly or indirectly involved
Four elements that must be proved for a successful suit in most legal systems
1) You had a duty of care
2) You failed to meet that duty of care
3) Failure to meet the duty of care caused or contributed to the incident (even if it didn’t cause it, ie victim rescue)
4) Incident resulted in damages being claimed by the plaintiff
Risk management reduces your legal risk by using good judgment, informs students and participants of the risks, establish and document your professional conduct, have financial protection? T/F
True
You don’t always have to complete documentation before any training or activities? T/F
False
Does failure to meet your duty of care have to cause an incident for you to be successfully sued? Y/N
No
Benefits to carrying professional liability insurance?
Coverage for cost; although many areas require; defense can be lengthy and unaffordable; inquest process that can result in civil or criminal penalties if instructor found at fault
Should you take time to compare professional liability policy you are considering? Y/N
Does only the coverage amount matter? Y/N
Yes
No
Benefits of diver protection programs?
Help reduce and manage risk as injured divers medical expenses are covered and have less of a need to sue
Does professional liability insurance still help if an incident occurs and you did everything correctly? Y/N
Yes
Regulations that can affect diving and teaching?
Workplace safety
Licensing
Diving
Boating
Whose responsibility is it to follow regulations that apply to where you teach diving?
Yours
Are PADI members, dive centers, resorts employees or non-agents of PADI?
Non-agents
Employee vs Independent Contractor
Employee - hourly wage, regular paycheck, employer controls work, equipment and materials provided, can’t work for anyone as desired
Independent Contractor- paid for specific job/role, paid upon completion or in intervals, contractor decides, supplies own equipment and materials, expected to meet contracted result, may work for anyone
PADI policy with respect to child welfare is a ____ __________ regarding abuse.
No tolerance
Media coverage of dive incidents and litigation have little effect on public perceptions of diving? T/F
False
