Re: Legal implications of showing a 'lower level' card


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Posted by Ken Kurtis on November 27, 2001 at 01:30:00:

In Reply to: Legal implications of showing a 'lower level' card posted by Maddiver on November 27, 2001 at 01:09:11:

Maddiver asked (other than what the hell are we all doing up so late): "So am I wrong to show this lower level card or just attempting to make the parties who should be responsible act responsible or shoulder the reprocussions on their own?"

I don't know that I'd say "wrong" . . . but you make be making more trouble for yourself than necessary.

First of all, regardless of what card you actually show, you are still certified at whatever your highest level is. An attorney in a lawsuit will not look at the manifest (which frequently doesn't list cert levels) but will either look at the statement you gave to the police or will run the NAUI & PADI databses to see if any of the names turn up. Bottom line - you'll be found out sooner or later.

And now the question you'll be forced to answer is, "What are you trying to hide?" By acting in what could be construed to be a suspicious manner, you've needlessly drawn attention to and cast suspicion upon yourself.

On the other hand, if you sign in with your DM or Instructor card, you don't suddenly get liability stuck to you that doesn't exist. All you say in your statement is, "I wasn't involved in the rescue/assist/etc. or with the victim but was diving in a non-supervisory role."

As far as being paired up with the "new" guy, two thoughts. (1) Just say no. (2) Isn't one of the joys of DMing and instructing showing new people the ropes? Personally, I enjoy diving with newbies because (A) they're very appreciative, and (B) they're not going to try to lead the dive.

And finally, if you show up with a Jr. O/W card, you'd better have your parent or legal guardian in tow as a dive buddy since that's the restriction on the card. Without them, you don't dive. :) (See, "cute" goes both ways.)

But seriously, I think this whole fear of showing your highest-level cert and suddenly getting sued when you should have been left alone is one the great Urban Legneds of diving. (Can anybody state a case where it actually happened?)

Ken Kurtis
NAUI Instr. #5936 and resident insomniac
Co-owner, Reef Seekers Dive Co.
Beverly Hills, CA


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