If a diving accident occurs, the instructor may bear both civil and criminal liability.

Civil liability means the responsibility to compensate the victim for damages caused by the instructor.

Criminal liability means the responsibility of being punished for committing a crime such as professional negligence resulting in injury or death.

In civil and criminal trials, it is examined whether the instructor was negligent.

Negligence includes “breach of the duty to foresee” and “breach of the duty to avoid the result.”




If an accident is caused by a guest’s undisclosed illness that was not reported in the “medical questionnaire” or “pre-start confirmation” on the application form, the instructor is not considered negligent and will not bear civil or criminal liability.

For example, accidents such as ① ventricular fibrillation (sudden death) or ② decompression sickness caused by the guest’s own physical condition management are, in principle, not the responsibility of the instructor in terms of civil or criminal liability.

■Civil Liability

In civil trials, “negligence = obligation to compensate the victim for damages.”

Liability insurance covers the instructor’s civil liability, and the insurance company pays compensation to the victim.

In other words, it serves the same role as optional automobile liability insurance.

When conducting diving training or leading fun dives, confirm that you are enrolled in the liability insurance provided by STARS.

If you are not enrolled in the liability insurance provided by STARS, instructor activities are prohibited.

The instructor certification card shows the qualification “EXPIRE” (expiration date) and “LIABILITY INSURANCE” as either “ACTIVE” (enrolled) or “NO ACTIVE” (not enrolled).

Compensation ordered by courts outside Japan, and damages caused by aircraft, vessels, or vehicles are not covered by the liability insurance provided by STARS.

When working as an instructor at overseas resorts, lawsuits may be filed in foreign courts, so be sure to enroll in liability insurance provided by an insurance company in the country where you work.

Also, confirm that boats used for diving and vehicles used for transportation to dive sites are covered by marine insurance or automobile insurance.

Check “EXPIRE” and “ACTIVE” when working

■Criminal Liability

During questioning, police officers, coast guard officers, and prosecutors will ask for explanations regarding the circumstances of the accident and whether there was negligence.

The instructor’s statements become evidence in deciding whether to prosecute.

If prosecuted, they also become important evidence in criminal trials for determining guilt or innocence and sentencing, and may result in “negligence = professional negligence resulting in injury or death = fines, imprisonment, or detention.”

Provide the facts as you understand them to police officers, coast guard officers, and prosecutors.

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