Mailing List Archive

Mailing List: techdiver

Banner Advert

Message Display

From: "Michael J. Kravit, AIA" <mkravit@ga*.ne*>
To: "Techdiver" <techdiver@terra.net>,
     "Richard Pyle"
Subject: Re: Litigation (was Deep Nitrox Again?)
Date: Fri, 21 Jun 1996 18:34:52 -0500
Richard:

>- if a diver gets a tank filled at a dive shop, he or she has to accept
the 
> responsibility that that tank might not be full of breathable air. If he

> or she cannot accept that risk, then he or she always has the option to 
> not go diving.


That sounds somewhat off the mark , does it not?

As a shop owner and a "professional" there is an innate responsibility to
provide the customer with responsible service, and get what you asked for
and more importantly what the shop is advertising for sale. Namely
quality, filtered, safe, breathable air. 

If an accident occurs as a result of some anal employee or owner allowing
the air supply to get contaminated, that my friend is negligence. Not only
should the shop owner be held responsible, but he may be found guilty of
criminal negligence. Resulting in punitive damages as well.

You may forget that the public has the right to expect and get a certain
level of professional service. It kills me how some of the comments on the
public forums, especially from highly educated academics loose sight of
the real world.

Yes I dive, yes it is a risky sport. I accept those risks, but no way will
I accept negligence on the part of an equipment manufacturer or shop owner
lightly.  I for one will hire the best legal counsel I can find, and do
everything I can to ensure that the responsible individuals are held
accountable for their actions.

Please remember, I am only referring to negligence and not frivolous
suits.


Navigate by Author: [Previous] [Next] [Author Search Index]
Navigate by Subject: [Previous] [Next] [Subject Search Index]

[Send Reply] [Send Message with New Topic]

[Search Selection] [Mailing List Home] [Home]