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Brown, Christopher <techvid@ne*.co*> wrote: >Fortunately, no other dive equip. manufacturer Qualifies and Limits this >way -- but then they want to sell a bunch. If all the equip. manuf. did Q&L >there would be some rather nekked cave divers out there. Imagine AUL >qualifying every light buyer -- out of fear that someone would copy, and/or >cave dive and die with their light/a copy. Imagine the paperwork/expense of >doing "dive trials" with every customer. It would seem to me that besides all the hassle, this sort of thing actually _increases_ your liability exposure; some lawyer will eventually be arguing that you should have seen that the deceased was an accident waiting to happen when you assessed him for the purchase of your product. Then again, not every purchaser of a big light, or a scooter, or a reel, is necessarily planning to use it in a cave, since most of this "cave" stuff is useful in openwater too, so you can't really require that the purchaser hold the appropriate card from a relevant agency either. I've even seen somebody doing a night dive on the Alice G (a small tugboat wreck in 20' or so in Tobermory, popular for people's first night dives) with a huge light. >There's an argument that scooters are life-support and that's where the >liability comes in. I''l buy that. ... A decent disclaimer would need to say something to the effect that the product unfortunately works slightly less than 100% of the time, and that the user is responsible for having a backup plan and being able to deal with failure of the product. Or perhaps "Not For Use In Situations In Which Cessation Of Function Could Be Life-Threatening." (Doesn't the classic parachute automatic-opening device disclaimer simply say something to the effect that nobody in their right mind would ever even dream of using the device for its apparent intended purpose?) Then again, no techdiving disclaimer would be complete without licensing a few words from Rich Pyle. -- Anthony DeBoer http://www.onramp.ca/~adb/ adb@he*.re*.or* (here) adb@ge*.co* (work) #include "std.disclaimer"
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