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Date: Sun, 23 Jun 1996 20:53:04 -0500 (CDT)
From: Tim Olson - Underwater Ventures <deepdive@cv*.or*>
To: Richard Pyle <deepreef@bi*.bi*.Ha*.Or*>
cc: "Michael J. Kravit, AIA" <mkravit@ga*.ne*>,
     Techdiver
Subject: Re: Litigation (was Deep Nitrox Again?)
On Sat, 22 Jun 1996, Richard Pyle wrote:

> 
> > 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.


Please, whatever you do, don't ever ask to dive with me.  I take the 
aspect of quality equipment and air very seriously, but I believe that 
if a person is not willing to accept the fact that in this sport, everything
can be done correctly and properly, yet a diver can still get himself 
into trouple, I do not want to dive with them at all.   After all, air 
wether good or bad can be dangerous if the diver doesn't recognize any
of the common symptoms of common problems.   In my opinion, a diver who
does EVERYTHING right, and simply buys air from a reputable source would
probably be able to save their own ass most often anyway.




> 
> 
> 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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> 

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