The first legal question in a scuba diving accident: Who organized the activity?
In a diving accident, it is not only the name of the instructor who entered the water that must be determined, but who organized the activity as a whole.
Authorized diving organization
Scuba diving training and commercial dive organization must be carried out through diving organizations that comply with the authorization and operating conditions in the TSSF legislation. The organization’s authorization status with the Federation must be verified separately as of the date of the activity.
Dive instructor
In a training dive or an introductory/try dive, the instructor’s task is not merely to provide technical information. Setting up a dive plan suited to the participant’s level, explaining the risks, ensuring supervision under water and organizing the correct response in an emergency are part of the instructor’s sphere of responsibility.
Dive guide
In tourist dives by certified divers, the role of the dive guide is to introduce the dive site, manage the group and be part of a safe organization. The dive guide’s certificate, employment status and duty on that day must be examined separately in the file.
Boat operator and captain
In dives reached by boat, the captain, the boat operator or the marine tourism vessel operator may bear separate liability with respect to safe navigation, positioning of the boat, diver flags and signals, use of the engine, the ladder/entry-exit arrangement and emergency evacuation.
Hotel, travel agency and tour operator
If the diving activity was purchased from a hotel, from a travel agency or as part of a package tour, the defense that “the service was actually provided by the dive center” is not always sufficient. Who sold the service, on whose behalf it was promoted, who collected the price and within which contractual chain the consumer purchased the activity are examined separately.
A try dive and a certified dive are not subject to the same legal assessment
Try or introductory dive
A person diving for the first time has limited technical knowledge and risk awareness. For this reason, the briefing, use of equipment, breathing, ear equalization, mask-regulator skills, underwater signals and what to do in an emergency must be explained in much more detail.
Certified dive
A certified diver may be regarded as a person who knows the basic risks at their own training level. However, this does not remove the dive center’s obligations within its own sphere of control, such as authorization, equipment, the boat, emergency response or a faulty dive plan.
Training dive
In a training dive, the instructor’s supervisory and teaching responsibility is more intensive. A depth exceeding the student’s level, inadequate supervision or non-standard practice may give rise to heavier liability.
Can a foreign tourist dive in Türkiye with their own diving certificate?
Under the TSSF Scuba Diving Regulation (Donanımlı Dalış Yönetmeliği), foreign divers may dive in Turkish territorial waters with their own diver identification and must show their documents to the authorities when necessary. This provision does not make verification of the foreign tourist’s certification level unnecessary.
The certification level limits the dive plan
The instructor or guide must check the participant’s certificate and plan the dive depth and difficulty level consistently with the certificate, experience, date of the last dive and physical condition.
Holding a certificate does not mean fitness to dive
A valid certificate does not automatically show that the person is medically fit to dive on that day. Acute illness, medication, alcohol, fatigue, a recent flight or other conditions that may affect the dive are also important.
Why are the health declaration and fitness to dive of central importance?
Article 18 of the TSSF Scuba Diving Directive (Donanımlı Dalış Talimatı) provides that divers taking part in training and specialization activities must be informed about diving health and possible illnesses and accidents, and that the Scuba Diving Health Declaration Form (Donanımlı Dalış Sağlık Bildirim Formu) must be completed.
If the health form contains a risk declaration
A person declaring a particular illness must be referred to the relevant specialist physician or a specialist in Underwater and Hyperbaric Medicine, and a report must be obtained stating that the condition does not prevent them from diving.
The health requirements for instructors and guides are stricter
Since instructors, guides and persons conducting introductory dives are also responsible for the diving safety of others, the Directive provides for requirements of full health and health reports at certain intervals.
Does the health form place liability entirely on the diver?
No. The participant’s untrue declaration is important in the assessment of fault; however, the dive center cannot ignore obvious risk signs and cannot escape its own obligations of information, authorization and safety merely because of a signed form.
What is “the bends” and why is it of particular importance in a legal file?
Decompression sickness, referred to in everyday language as “the bends” (vurgun), is a serious diving accident associated with pressure change and dissolved gases forming bubbles in the tissues.
The dive profile is decisive
In a decompression file, the information “they fell ill after diving” alone is not enough. The following data are important:
- Maximum depth.
- Total bottom time.
- Number of repetitive dives.
- Ascent rate.
- Safety/decompression stops.
- Previous dives.
- Surface interval.
- Flying or a change in altitude after the dive.
- Dehydration, fatigue and similar factors.
The dive computer is one of the most valuable pieces of technical evidence
A dive computer may store depth, duration, ascent rate, alarms, stop violations and profile data. These records should, if possible, be preserved at an early stage from the device and from the app account.
The instructor’s computer records are also important
In a group dive, not only the injured diver’s but also the instructor’s or guide’s dive computer records may verify the actual profile of the dive.
Why is emergency oxygen important when decompression sickness is suspected?
In a suspected decompression case or a serious diving accident, the rapid start of normobaric oxygen first aid and the organization of access to medical assessment and hyperbaric treatment are important.
The presence of an oxygen kit alone is not sufficient
It matters that the cylinder is full, the mask is suitable, the personnel know how to use it, the flow capacity is adequate and the kit is kept in an accessible place.
Delayed evacuation may be a separate ground of liability
Independently of the initial accident, if a faulty or delayed emergency response caused the damage to increase, this increase is assessed separately.
Referral to a hyperbaric center and the evacuation plan
The dive center must have an emergency action plan suited to the area in which it conducts its activities.
Knowing the nearest suitable healthcare facility
Not every hospital can treat diving accidents to the same standard. Access to hyperbaric oxygen therapy is particularly important in decompression sickness.
Evacuation from sea to land
In a remote dive area, the boat’s return time, access to a land ambulance and the emergency communication plan may be examined in the file.
Barotrauma and decompression sickness are not the same thing
Ear and sinus barotrauma
Difficulty equalizing, a rapid descent or an inappropriate decision to continue may lead to ear and sinus injuries.
Pulmonary barotrauma and air embolism
Holding one’s breath or ascending too quickly may cause serious lung damage and arterial gas embolism. In these incidents, training, panic management and ascent control are important.
The distinction in terms of legal consequences
A medical distinction is essential for a correct diagnosis, determining the cause of the accident and establishing causation with the fault of the instructor/organization.
The instructor’s duty of supervision in cases of rapid ascent and panic
Panic is one of the foreseeable risks, particularly in try dives and among inexperienced divers.
Group size and supervision
The number of participants the instructor supervises at the same time, visibility, currents and the difficulty of the dive site must be assessed in the specific case.
Physical contact and controlled ascent
The technique for intervening with a panicking diver, protection of the regulator and the organization of a controlled ascent may require examination by a specialist court-appointed expert.
Accidents arising from diving equipment
Regulator failure
Interruption of the air supply, free-flow, a connection failure or a lack of servicing may cause an accident.
BCD and weight system
The inflation-deflation system, the weight release mechanism and correct weighting are basic elements of a safe dive.
Cylinder and valve
Periodic inspection of the cylinder, the condition of the valve and the correct filling process require technical examination.
Who provided the equipment?
The liability assessment where the diver used their own equipment is not the same as where the dive center provided the equipment. However, if the center noticed clearly unsafe equipment and still allowed the dive, separate liability may arise.
Quality of the air in the cylinder and liability for filling
The quality of the breathing gas is vital.
Compressor maintenance and filters
The maintenance records of the filling system, filter changes and the proximity of the compressor to an exhaust source may be examined.
Carbon monoxide risk
Contaminated breathing air may lead to impaired consciousness and fatal consequences. If there is suspicion, a technical analysis of the cylinder contents becomes important.
The liability of the captain and the marine tourism vessel operator in boat dives
Diver flag and surface safety
The boat must make the area where the diving group is located visible to other vessels.
Propeller and engine risk
Engine management while divers are entering or leaving the water is a serious safety element.
Choice of dive site
Elements such as currents, wind, sea traffic and visibility must be assessed jointly by the boat and the dive leadership.
Why is the dive center’s certificate of authorization important?
The TSSF legislation provides for the authorization of diving organizations and for dive instructors/guides to work within an authorized organization.
Unauthorized activity is not automatic proof of fault
If there is a breach of the legislation, its causal link with the specific accident must be established separately. In its decision of 24.12.2019, E.2015/1148, K.2019/713, the Criminal General Assembly of the Court of Cassation (Yargıtay Ceza Genel Kurulu) also discussed the importance of establishing a concrete causal link between the authorization/legislative breach and the death.
A breach of authorization is nevertheless important evidence
Even if it did not directly cause the accident, an unauthorized organization may be important in assessing the standard of supervision and care.
Why is the Court of Cassation’s diving accident decision of 18.12.2025 important?
Decision E.2025/2713, K.2025/6251 of the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) is a recent and important decision that directly addresses a death during dive training and the relationship between the dive center, the instructor, the host dive center, the boat organization and insurance.
The 50-meter training dive debate
The case file shows that the deceased descended to a depth of 50 meters during a training dive, that more than one dive center and instructor were involved in the organization, and that allegations of a non-standard/unauthorized dive were discussed in the criminal proceedings.
The legal lesson
In a diving accident, liability cannot be determined solely by the question “who was under the water?”. The contractual and organizational structure between the organization that sold the training, the instructor, the local dive center, the boat and the insurer must be examined together.
The decision of the 13th Civil Chamber of the Court of Cassation of 28.06.2012
In the incident underlying decision E.2011/20412, K.2012/16882 of the 13th Civil Chamber of the Court of Cassation (Yargıtay 13. Hukuk Dairesi), a death occurred during a scuba dive organized by a dive center in Ayvalık; the liability of the dive center and of the persons involved in the organization for pecuniary and non-pecuniary damages was discussed.
This decision shows that scuba diving accidents have long been subject to judicial review with respect to private law liability for compensation.
A dive center or water sports business within a hotel
In decision E.2010/9412, K.2010/18209 of the 13th Civil Chamber of the Court of Cassation, liability was discussed with respect to the hotel, the diving business and the person operating the boat, on account of a water sports boat striking a diver during a dive at a diving school within a hotel.
The hotel’s separate company defense
Even if the dive center is a separate legal entity, if the service is offered within the hotel and as part of the accommodation experience, the hotel’s role is examined separately.
The importance of the Regulation on Sporting Activities for Tourism Purposes
In underwater sporting activities for tourism purposes, conditions such as permits from the governorate, suitable personnel, mandatory equipment, accident insurance, financial liability insurance and first aid equipment may be required.
The insurance certificate is part of the organization
The insurance obligations provided for the tourists and personnel taking part in the activity make it necessary, in a post-accident compensation file, to research the policy and the coverage.
Validity of the permit as of the date of the incident
Whether the business’s permit or certificate of authorization was valid on the date of the incident must be verified in the file.
Does a “risk acceptance form” release the business from liability?
No. The fact that certain risks are inherent in diving and that the participant signed an information form does not automatically eliminate the business’s gross fault, an organization contrary to the legislation or a basic safety deficiency.
An informed risk and a hidden organizational fault are different
Information may be given about currents, ear equalization or normal diving risks. By contrast, an unmaintained regulator, an unauthorized instructor or a non-standard depth are not risks that the participant can be deemed to have assumed in the ordinary course.
How should the dive computer and digital records be preserved?
The device screen should be photographed immediately
After the incident, the device’s maximum depth, duration and alarm screens should be recorded.
App and cloud records
Modern dive computers may synchronize with a phone or the manufacturer’s account. Exporting these records is important.
Dive center records
The dive plan, diver list, certification card (bröve) check, boat manifest, tank number and instructor assignment should also be requested.
Changing or repairing the equipment after the accident creates an evidence problem
If a regulator, BCD or cylinder alleged to be faulty is repaired immediately, establishing the technical defect may become more difficult.
Preservation of evidence under Article 400 of the HMK
If there is a possibility that the equipment, dive computer, compressor, boat or other physical evidence will change within a short time, preservation of evidence (delil tespiti) before an action is filed may be considered.
Not a chain, but the procedure for custody and admission to the file
From whom the equipment was received, where it was stored, which court-appointed expert examined it and how it was subsequently admitted to the file must be clearly recorded.
How should medical evidence be prepared?
Time of first presentation
How long after the dive the symptoms began is important in distinguishing between decompression sickness and barotrauma.
Hyperbaric treatment records
Chamber treatment tables, the diagnosis, neurological findings and the response to treatment are important medical evidence in the file.
Continuing treatment abroad
Neurology, ENT, orthopedic or hyperbaric medicine records continuing after the tourist returns to their home country may be translated and submitted to the file.
Does travel insurance cover a diving accident?
Not every policy is the same. Some travel insurance policies may exclude scuba diving or dives beyond a certain depth from coverage as a “dangerous sport”; some policies may cover them with additional coverage.
The special conditions of the policy must be examined
Whether the dive was recreational or professional, the certification level, the maximum depth and whether the activity was guided may be important for coverage.
An insurance payment does not eliminate the liable persons
The same damage cannot be collected twice; however, damage not covered by the insurance and non-pecuniary damages may be claimed separately.
Dive center liability insurance
If the dive center or the tourist sporting activity business has financial liability insurance, the policy, the limit and the exclusions must be examined.
Notice to the insurer
Timely notification of the accident and submission of health and incident documents are important.
The defenses of the insurer and the business may differ
The business may argue that it was not at fault, while the insurer may argue that there is an exclusion from coverage. These defenses require separate legal examination.
Items of pecuniary damages in a diving accident
In the event of bodily harm under Article 54 of the TBK, the following items may come into question:
- Treatment and hyperbaric treatment costs.
- Medication and rehabilitation costs.
- Temporary incapacity for work.
- Permanent incapacity for work or loss of working capacity.
- Impairment of economic future.
- Costs of a carer and assistant.
- Flight changes and additional accommodation.
- Medical transport to the home country or costs of a companion.
Non-pecuniary damages
In diving accidents in which bodily integrity has been seriously violated, non-pecuniary damages may be claimed under Article 56 of the TBK.
Criteria
The severity of the injury, permanent neurological effects, the duration of treatment, how frightening the incident was, the effect on the person’s life and professional life, and the fault ratios may be taken into account.
Claims of relatives in the event of death
Under Article 53 of the TBK, funeral costs, treatment and loss of working capacity before death, and compensation for loss of support may come into question.
Under Article 56 of the TBK, relatives may also claim non-pecuniary damages.
The relationship between a criminal investigation and a civil action
In the event of death or injury, a criminal investigation may be opened for negligent injury or causing death by negligence.
Technical evidence in the criminal file
Expert reports, the dive plan, the equipment, witness statements, and an autopsy or forensic medicine report may also be important in a civil action.
Criminal liability and private law liability are not the same
The assessment of fault and causation required for a criminal conviction and consumer/contractual/tort liability are not subject to the same legal test.
Which documents should a foreign tourist obtain before returning to their home country?
- The full trade name of the dive center and the company.
- The names and certificate details of the instructor and guide.
- Dive computer screens and logs.
- The dive plan and diver list.
- Tank/equipment information.
- The incident report.
- Boat information and captain details.
- Health and hyperbaric treatment records.
- The insurance policy.
- Witness contact details.
- Reservation, hotel or agency documents.
Can a foreign tourist pursue the matter after leaving Türkiye?
Yes. Taking into account the rules on subject-matter and territorial jurisdiction in the specific case, legal action can be pursued in Türkiye through power of attorney, translation and, where necessary, apostille formalities.
Court with subject-matter jurisdiction and consumer law
If the diving activity was purchased from a professional business for personal/tourist purposes, its characterization as a consumer transaction may come into question.
Consumer court
For claims for defective service and compensation arising from a service contract, the subject-matter jurisdiction of the consumer court is assessed according to the specific contractual structure.
More than one defendant
The presence of the dive center, instructor, boat operator, hotel, agency and insurer in the same file may complicate the analysis of subject-matter jurisdiction and conditions precedent to litigation; the legal ground of each claim must be determined separately.
The 2026 Consumer Arbitration Committee limit and bodily harm files
In 2026, the system of applying to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) applies to consumer disputes with a value below TL 186,000.
Nevertheless, diving accidents involving serious bodily harm, death, multiple liable parties and high compensation may often exceed the arbitration committee limit or involve different legal grounds. The application route must be determined according to the total claim and the structure of the parties.
Mediation as a condition precedent to litigation
In consumer court disputes within the scope of Article 73/A of Law No. 6502 on Consumer Protection, mediation as a condition precedent to litigation applies, except for the statutory exceptions.
Limitation is not a single period
Defective service
The limitation provisions on defective service in Law No. 6502 may apply.
Tort
Under Article 72 of the TBK, a framework of two years from learning of the damage and the person liable and in any case ten years from the act; for incidents constituting an offense, the possibility of a longer criminal limitation period may come into play.
Breach of contract
Depending on the nature of the contract, the general limitation provisions of the TBK may be assessed separately.
Conclusion
In tourist scuba diving accidents, liability does not disappear on the ground that diving is a “risky sport”. The obligations of the dive center, instructor, guide, boat operator, hotel or travel agency within their own sphere of control must be examined separately.
Particularly in decompression sickness cases, the dive computer profile, depth, duration, ascent rate, stops and the timing of emergency oxygen/evacuation are at the center of the file. In equipment accidents, the regulator, BCD, cylinder, compressor and maintenance records must be preserved.
The most common mistake in the legal assessment of a diving accident is continuing to use the equipment after the incident or losing the dive computer records. Evidence must be preserved at the earliest possible stage; if necessary, preservation of evidence under Article 400 of the HMK should be considered.
Frequently Asked Questions
I got the bends; is the dive center automatically liable?
No. The dive profile, health condition, ascent rate, stops, the instructor’s guidance and the emergency response are assessed together.
Can dive computer records be used as evidence?
Yes. Depth, duration, ascent rate and alarm records may be extremely valuable in a technical expert examination.
Is the instructor’s responsibility greater in a try dive?
Generally, yes. Since a person diving for the first time has limited technical knowledge and risk awareness, the duty of briefing and supervision is more intensive.
If I am a certified diver, is the dive center released from liability?
No. A certificate only shows that the diver has received certain training; the business’s obligations regarding authorization, equipment, organization and emergency response continue.
What happens if I did not disclose my illness on the health form?
An untrue declaration is important in the assessment of fault and may reduce compensation; however, it does not automatically remove the business’s independent safety obligations.
If the dive center has no TSSF authorization, is compensation certain to be awarded?
No. A breach of authorization is important evidence; however, causation with the accident must be established separately.
Does liability arise if there is no oxygen kit on the boat?
If it can be shown in the specific case that oxygen first aid was necessary and that its absence increased the damage, this may be an important element of liability.
If the equipment is rented, who is liable for a failure?
The dive center that provided the equipment, the maintenance-servicing chain and the source of the defect are determined through technical examination.
How is it proven that the cylinder air was contaminated?
If possible, the cylinder should be preserved and its contents submitted for technical laboratory examination; compressor maintenance and filling records should be requested.
Who is liable if the dive boat’s propeller strikes a diver?
The division of duties between the captain, the boat operator, the dive center and the organization, as well as the diver signals and the engine use procedure, are examined.
Can the hotel also be liable for a dive I bought from the hotel?
If the service was offered by the hotel as part of a package or sold on the hotel’s behalf, the hotel’s liability may additionally come into question depending on the specific contractual and organizational relationship.
Does travel insurance cover the bends?
It depends on the policy. Scuba diving or certain depths may fall under a dangerous sports exclusion; if there is additional coverage, it may be covered.
Who pays the cost of hyperbaric treatment?
Claim routes against the travel insurance, the liable business, the financial liability insurer or other liable parties may be assessed together depending on the specific case.
Does boarding a plane immediately after a dive affect liability?
Yes. The effect of flying after a dive on the risk of decompression is important in the medical and technical assessment of fault.
Does the opening of a criminal case in a diving accident suspend the compensation action?
Not automatically. The outcome of the criminal file and the effect of the technical evidence on the civil action are assessed in the specific file.
Can a foreign tourist file an action in Türkiye after returning to their home country?
Yes. Pursuing the matter in Türkiye is possible through power of attorney, translation and the necessary procedural steps.
What is the 2026 Consumer Arbitration Committee limit?
For 2026, the arbitration committee system applies to consumer disputes below TL 186,000; in serious diving accidents, the total claim may often exceed this limit.
What is the limitation period in a diving accident?
There is no single period. Defective service, tort, breach of contract and whether the incident constitutes an offense may lead to different periods applying.
Sources and legal bases
- Scuba Diving Regulation of the Turkish Underwater Sports Federation (Türkiye Sualtı Sporları Federasyonu Donanımlı Dalış Yönetmeliği).
- TSSF Scuba Diving Directive (Donanımlı Dalış Talimatı), published 07.02.2014; amendments of 24.02.2017, 06.05.2019 and 25.07.2025.
- TSSF Regulations and Directives page – Scuba Diving.
- Regulation on Sporting Activities for Tourism Purposes (Turizm Amaçlı Sportif Faaliyet Yönetmeliği).
- Regulation on Scuba Dives for Sporting Purposes in Turkish Territorial Waters (Türk Karasularında Sportif Amaçlarla Yapılacak Aletli Dalışlara İlişkin Yönetmelik).
- Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun).
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu), in particular Articles 49, 52, 53, 54, 56, 66, 72, 112 and 116.
- Law No. 6100, Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), in particular Article 400 et seq.
- Regulation on Package Tour Contracts (Paket Tur Sözleşmeleri Yönetmeliği).
- Communiqué (Tebliğ) determining the 2026 monetary limit of the Consumer Arbitration Committees.
- Court of Cassation 3rd Civil Chamber (Yargıtay 3. Hukuk Dairesi), E.2025/2713, K.2025/6251, dated 18.12.2025.
- Court of Cassation 13th Civil Chamber (Yargıtay 13. Hukuk Dairesi), E.2011/20412, K.2012/16882, dated 28.06.2012.
- Court of Cassation 13th Civil Chamber, E.2010/9412, K.2010/18209, dated 28.12.2010.
- Criminal General Assembly of the Court of Cassation (Yargıtay Ceza Genel Kurulu), E.2015/1148, K.2019/713, dated 24.12.2019.
- Council of State 10th Chamber (Danıştay 10. Daire), E.2024/6880, K.2025/2648, dated 21.05.2025.