Kevin,

In the strictest sense you are absolutely right!  I am the only one
responsible for my decision to dive and accept those risks that are
inherent with the sport or activity that I am doing.  If I dive and die
(even if someone else is negligent and caused the accident) I am
responsible for my situation.  So in the purest sense, it is my own
fault.

Now, if another is negligent in contributing to the events that let to the
accident, then these individuals are also responsible in varying degrees
for my death.  To suggest (as has been done by others) that just because I
accepted the risks associated with diving, total liability is on my
shoulders, just does not have that warm and fuzzy feeling.  It does not
pass the feel good test.  

I guess this position has been upheld in may professions and real life
situations. We live in a litigious society, one full of frivolous actions
that should never be heard. We all pay the price for these type of suits
in the form of higher prices for goods and services.  People DO need to
accept responsibility for their actions, and at the same time be honest in
assessing the risks, and ultimately who is negligent and who is
responsible.

Thanks for listening. Unfortunately this is not a black and white topic.
Safe Diving

Regard's
Mike
----------
> From: Kevin-Neil Klop <kevink@ap*.co*>
> To: Michael J. Kravit, AIA <mkravit@ga*.ne*>; Techdiver
<techdiver@terra.net>; Richard Pyle <deepreef@bi*.bi*.Ha*.Or*>
> Subject: Re: Litigation (was Deep Nitrox Again?)
> Date: Friday, June 21, 1996 8:14 PM
> 
> Hi, Michael!
> 
> In regard to your message about professional negligence, I can see your 
> point and, to some extent, agree with it.
> 
> However, the fact of the matter is that there is a chance that the air
in 
> your tank is contaminated.  That's a fact of life.  The only way to 
> eliminate that risk is not to breathe compressed air from a SCUBA tank. 

> A Priori, the moment that you take a breath from that tank, you've
agreed 
> to the risk.  In that way, YOU are responsible for determining if the 
> risk of breathing contaminated air is too high for you to continue in 
> that action.
> 
> If something bad occurs, yes, you can bring about a law suit against the

> negligent person (and assuming, as you said, that it isn't a frvilous 
> suit) you ought to.  However, the company stands to lose money and, 
> perhaps, jail time.  You, on the other hand, stand to lose your life.  
> Given that it's your life, you have the responsibility for determining 
> the risk level acceptable to you and whether the conditions are within 
> that risk level.  Noone else.
> 
> It is in that way that YOU are responsible for your actions, among them 
> existing for extended periods in an environment antithetical to your 
> physical well being.
> 
>          -- Kevin --
> --
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