7) Risk Managment and Legal Consideration

Question 1

A dive professional’s most important task is to strive to improve diver ______

Answer 1

Safety

Question 2

4 Goals of improving diver safety

Answer 2

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

Question 3

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

Answer 3

False

Faster

False

Question 4

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

Answer 4

False

Question 5

Three broad legal considerations that can affect you as an instructor are Litigation, Regulations, as well as Licensing and Copyright? T/F

Answer 5

True

Question 6

Using good conservative judgement reduces the legal risk in all three of the broad legal divisions? T/F

Answer 6

True

Question 7

More/Less incidents result in litigation; litigation is becoming more/less international?

Answer 7

More

More

Question 8

Courts really care about what your intentions were versus what you did? T/F

Answer 8

False

Question 9

_______ _______ and attention to detail are vital to managing risk, why?

Answer 9

Situational Awareness, because lapses in details or procedures have caused incidents

Question 10

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

Answer 10

Duty of Care

Question 11

Do you only have a duty of care if someone pays you to teach them? Y/N

Answer 11

No, it’s the nature of the relationship (ie teaching a friend for free still counts)

Question 12

Does a diver who knows more assume more risk? Y/N

Answer 12

Yes, but you still have some duty of care if you are teaching or supervising them

Question 13

Does a reasonably prudent instructor have poor judgement, bad temperament, attention lapses, or bad days? Y/N

Answer 13

No

Question 14

Do reasonably prudent instructors follow appropriate standards and local procedures and are prepared for situations that may arise? Y/N

Answer 14

Yea

Question 15

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

Answer 15

No, any incident

No

No, anyone directly or indirectly involved

Question 16

Four elements that must be proved for a successful suit in most legal systems

Answer 16

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

Question 17

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

Answer 17

True

Question 18

You don’t always have to complete documentation before any training or activities? T/F

Answer 18

False

Question 19

Does failure to meet your duty of care have to cause an incident for you to be successfully sued? Y/N

Answer 19

No

Question 20

Benefits to carrying professional liability insurance?

Answer 20

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

Question 21

Should you take time to compare professional liability policy you are considering? Y/N

Does only the coverage amount matter? Y/N

Answer 21

Yes

No

Question 22

Benefits of diver protection programs?

Answer 22

Help reduce and manage risk as injured divers medical expenses are covered and have less of a need to sue

Question 23

Does professional liability insurance still help if an incident occurs and you did everything correctly? Y/N

Answer 23

Yes

Question 24

Regulations that can affect diving and teaching?

Answer 24

Workplace safety
Licensing
Diving
Boating

Question 25

Whose responsibility is it to follow regulations that apply to where you teach diving?

Answer 25

Yours

Question 26

Are PADI members, dive centers, resorts employees or non-agents of PADI?

Answer 26

Non-agents

Question 27

Employee vs Independent Contractor

Answer 27

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

Question 28

PADI policy with respect to child welfare is a ____ __________ regarding abuse.

Answer 28

No tolerance

Question 29

Media coverage of dive incidents and litigation have little effect on public perceptions of diving? T/F

Answer 29

False