Il diritto in immersione : regole di sicurezza e responsabilità civile nella subacquea

The primary aim of this paper is to investigate the legal issues related to the world of recreational and touristic underwater diving activities in order to provide a comprehensive framework of the subject. The starting point of this study is the consideration of the absence of a single comprehensive legal text that governs these activities on a national level. Although some attempts at regulating these activities has been made by employing technical and administrative standards, as well as local provisions and regional laws, the regulatory framework thus set does not seem to be able to resolve the current, unclear situation. Sporadic attempts to intervene have also been proposed by the national legislator, however, it is clear that cohesive and exhaustive regulation is required due to the danger of these activities. Applicable regulations are therefore sought in the general principles of law, and in particular in the provisions on civil or criminal liability. This research certainly does not intend to fill these shortcomings, but is offered to represent the current state of underwater regulations and highlight the legal issues that are most relevant to the activities carried out by diving centers and diving instructors and guides. As far as these subjects are concerned, based on the particular qualifications and knowledge they possess, their role actually depends on an obligation of ensuring the safety of their student or client divers. Now that the existence of such a role has been acknowledged, the criminal liability of instructors and guides has been established, whether the injured parties are clients of said instructors or guides, or in the event of non-professional accompaniment. There are also contractual and extra-contractual liability scopes that underwater professionals (instructors, guides and diving centers) could be subjected to, whether the activity is strictly related to underwater teaching and diving, or in relation to the additional benefits, such as the rental of sports equipment or sea travel. Interestingly, within the contractual confines exists the hypothesis of social contact responsibility, due to the characteristics of the relationship between the diving instructor or guide and the scuba diver, that it is considered by legal order to determine specific protection obligations to protect the diver’s interests that arise and which are at risk at the moment that social contact is made. The last part of the research conducted explores the work contract issues in the diving centers. Often the employment relationship is not formally qualified as a work relationship, but referred to as an internship or training. Nevertheless, this would not exonerate the owner of the center from liability for both the damage caused by employee (the instructor or guide), nor does it exempt the employee from criminal liability or direct civil liability by social contact.