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> 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?


To me, it does not.  But I realize that I have a higher sense of personal 
responsibility than most.

> 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.

Criminal prosecution is fine with me.  I have no problem with that. It's 
the point at which a diver descends below the surface that a peronal; 
coice to risk one's life; risk bad air, risk shark attack; risk embolism; 
risk being shot in the arse by a dive buddy.

> 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.

The real world, as you see it, ends at sea level.
>
 
> 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.


I guiess will just have to agree to disagree.

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



In the ideal world, there would be a clean line between those extremes, 
but I'm afriad most cases seem to fall in the grey middle.

Thanks for your input.

Aloha,
Rich

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