Unit 13: Risk Management and Insurance Safety is No Accident Some Legal Aspects of NAUI Leadership The Concept of Negligence Actions to Take if an Accident Occurs Professional Liability Insurance

Student Performance: By the end of the lesson you will be able to: Fulfill your professional obligations to divers and students as well as your Association. Explain the aim of NAUI’s risk management program. Explain standard of care and duty, the concept of negligence, and the assumption of risk. Describe risks that cannot be assumed and explain the proper use of waiver and release documents. Describe some of the legal aspects of diving leadership and instruction. Explain the legal process and how it may affect you. List actions to take in the event of an accident. Explain the need for professional liability insurance in litigious societies.

Safety Is No Accident Standard of care and duty –As a professional you have a duty to your students and divers The reasonable and prudent diving professional

Assumption of Risk Accepting responsibility –A person must: Have the capacity to understand the risk Have the knowledge to understand the risk Have the risk clearly explained Not be coerced to participate Risks that cannot be assumed

Waivers and Releases Value of waivers –Show accepted responsibility –Help reduce chance of accidents Use of waivers is required –Each participant must have their own form –Contents must be fully explained –No coercion in any way into signing

Some Legal Aspects Of NAUI Leadership You can be held responsible for: –The actions of others (assistants, etc.). –Equipment malfunction or failure. Careful and complete record keeping and continuing education are indispensable. Can I be sued if...?

Some Legal Aspects Of NAUI Leadership ( continued) The concept of negligence. –Duty –Breach of duty –Damages –Proximate cause

Actions To Take If An Accident Occurs Have an accident plan and follow it Be calm and act Complete and file a NAUI Accident Report Retain the victim’s diving equipment and personal effects for the authorities Obtain advice from NAUI’s attorneys as soon as possible State only the facts as you know them

Professional Liability Insurance About your insurance –Proof of liability insurance coverage –Who is at risk? –Getting Coverage

End of Unit 13 Risk Management and Insurance Safety is No Accident Some Legal Aspects of NAUI Leadership The Concept of Negligence Actions to Take if an Accident Occurs Professional Liability Insurance

Student Performance: By the end of the lesson you will be able to: Fulfill your professional obligations to divers and students as well as your Association. Explain the aim of NAUI’s risk management program. Explain standard of care and duty, the concept of negligence, and the assumption of risk. Describe risks that cannot be assumed and explain the proper use of waiver and release documents. Describe some of the legal aspects of diving leadership and instruction. Explain the legal process and how it may affect you. List actions to take in the event of an accident. Explain the need for professional liability insurance in litigious societies.