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Learn crucial aspects of risk management, negligence concepts, legal responsibilities, and insurance needs in the diving profession to ensure safety and fulfillment of professional obligations.
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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 13Risk 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.