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>So, if the boat HITS you and kills or maims you with it's prop, it's
>ok... If they don't count heads and you come up 15 miles offshore with
>NO boat, it's ok...
>
>Sorry, I buy the part about the *diving* itself, but not about the
>whole "connection with the dive" stuff... You're paying people to be
>there when you surface and that seems quite reasonable. If someone
>left me out at a dive site I'd find'em and break their legs, arms, and
>fingers, and THEN get nasty.
{sigh....}
That's why, like it or not, we gotta have lawyers...
I think you're right, transport to and from the site, in connection with
the boat, negligence, beyond the control of the diver, in connection with
the weather, not related to the underwater portion of the aforementioned
activity, including but not limited to, not to be inferred from any
heretofore mentioned but unmentionable agreement between the parties of
the second, third, and seventh parts of the third bilateral agreement
statute under the Revised Diving, Sailing, and Shuffleboard (competitive)
Code (1996sa) yatta, yatta, yatta...
and we're right back where we started.
So how do you get the responsibility for the DIVE (speaking as a
carpenter, not a lawyer) off the boat, the shop, the club, and onto the
DIVER? Legally?
I don't know, Carl. Looks like it sort of has to be one way or the other.
Either you is, or you ain't. (Responsible, that is.)
Is it reasonable to ask a diver to plan for all contingencies?
Is it reasonable to ask a diver to "What If" a dive in advance?
Isn't it true that you plan for a stage tank to disappear or fail? Don't
you have contingencies for an O2 tank that is suddenly empty?
Why is a boat different? It's just one more piece of equipment, and yes,
it could vanish. The fucker could SINK. Shop's fault? No. Captain's
fault? Maybe, but he's dead. Crew's fault? Maybe, they're with the
Captain. If the boat vanishes into the typhoon that you surface in the
middle of, whose fault is that?
Point is, shit can happen. Floating in the drink 15 miles off shore, it
really doesn't matter even a little bit whose fault it is. Sometimes, it
isn't anyone's fault, or it's everyone's fault, one mistake compounding
another. (Been there, done that. Results in lots of yelling, fist
shaking, and a really full email box.)
It falls to the diver to deal with it or die.
Recognition of that fact is what I'm pushing, and I think that a
carefully crafted law would go a long way towards the goal of
institutionalizing personal responsibility, and forcing recognition of
facts that are currently being enforced by Mother Nature. It would have a
huge impact on current teaching organizations, and they would need to
start teaching personal responsibility from OW1.
I also think that legislation is inevitable, and that if we don't take
the lead and write the laws first in the way we want them written, that
they will be written for us, and we won't like them...
Laws are not bad, just poorly written law is bad.
Darwinism is alive and well, and merely using different tools than a
century ago.
He likes divers.
1. I am responsible.
2. Don't hold your breath.
---------
"huh?"
-Jammer, 1992
---------
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