Unit 13: Risk Management and Insurance

1. 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

2. 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.

3. 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

4. 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

5. 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

6. 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...?

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

8. 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

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

10. 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

11. 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.