According to a first-hand account posted on #爆潛公社, one diver suffered a foot fracture while participating in a Fun Dive led by a certain instructor on the Northeast Coast. In addition to the tremendous pain, the subsequent surgery and hospitalization costs accumulated to NT$150,000. What was most shocking, however, was that this for-profit operator had not purchased the legally required "Water Recreation Activity Liability Insurance."
To promote correct knowledge of water safety and the law — and to help the public understand the protections provided by mandatory insurance — Attorney Wang Gang of "凹豆律師-Outdoor Lawyer" has written a detailed breakdown from a legal perspective. His goal is to help everyone clearly identify legally compliant dive shops, understand operators' mandatory insurance obligations, and know the legal avenues for compensation when an accident occurs.
Before booking your next dive shop or instructor, make sure you check these 4 key points:
凹豆律師-Outdoor Lawyer: A Legal Explainer on Diving
A few days ago I came across this post on #爆潛公社 while scrolling through my phone — a good opportunity for a quick legal explainer.
If the account in this post is accurate, there are a few things to be aware of:
1. Operators Are REQUIRED to Purchase "Water Recreation Activity Liability Insurance" for You
Under Article 36 of the #Tourism Development Act, and Articles 3 and 10 of the #Regulations Governing Water Recreation Activities, any for-profit operator taking clients scuba diving is required to purchase "Water Recreation Activity Liability Insurance" for their customers. Not general public liability insurance, not any other policy — it must specifically be "Water Recreation Activity Liability Insurance."
2. Regardless of Operator Negligence, Consumers Can File a Direct Insurance Claim
Under the policy terms of "Water Recreation Activity Liability Insurance," any accident occurring during the activity period — including while traveling to the water, during the activity itself, and while returning to the operator's premises after the activity — entitles the consumer to file a direct insurance claim, regardless of whether the accident was caused by operator negligence. In this case, for example, medical expenses could be claimed up to the policy limit of NT$300,000, based on actual necessary medical costs incurred.
Note: Under the policy's exclusion clauses, if the operator violated Articles 8, 13, 19, or 24 of the Regulations Governing Water Recreation Activities and such violations caused the accident, the insurer is not liable for compensation. Consumers therefore still need to verify the legality of the operator's activities beforehand.
3. Operator Didn't Get Insured? That Constitutes "Violation of a Statute Protecting Others" — They're Still on the Hook for the Insurance Payout
If an operator fails to purchase the required insurance, this constitutes a "violation of a statute enacted for the protection of others," causing the consumer to suffer the loss of being unable to collect insurance benefits. In such cases, regardless of whether the operator was negligent in causing the accident, the consumer may invoke Article 184, Paragraph 2 of the Civil Code to claim from the operator the insurance benefits they would otherwise have received.
4. Operator Was Negligent? You Can Claim Emotional Distress Damages and Other Losses on Top of Medical Expenses
If the operator was negligent in causing the accident, the consumer may seek additional compensation beyond the insurance payout for medical costs, including: emotional distress damages, loss of income, and additional expenses incurred as a result of the accident (e.g., costs of medical equipment/braces, nursing care, transportation to medical appointments, etc.).
A Note from the Editor:
The next time you arrange a diving activity, be sure to ask the operator for these two insurance policies and request to see the policyholder enrollment list as proof of coverage!
Special thanks to "琉潛" for providing sample policy documents for reference.
Note: 琉潛 is not the operator involved in this incident. We sincerely thank them for their kind assistance in helping spread this legal awareness.
※ This article is reprinted with the author's permission from the 凹豆律師-Outdoor Lawyer Facebook page. Original post: 〈潛水法普文〉.
