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On Fri, 27 Feb 1998 16:43:46 -0500 (EST) zimmmt@au*.al*.co* (Mike Zimmerman) writes: >Just for grins why shouldn't a boat take anyone out? > >Obvious answer: concern about injury. > >Followup question: Why concern? Concern about human life, or > concern about liability. > >Brutally honest answer: as much as the other, concern about liability. > >In the scenario I described, the liability issue goes away. The >customer knew the target dive environment , paid for transport, >and the boat provided said service and ONLY said service. > >No breach of contract, no liability. You are kidding, right? Do you really believe that there is no liability on the dive boat operator here? If this operator can be found to have ignored obvious signs that the diver, REGARDLESS of liability waiver, is dangerously unfit, and allows the dive anyway, they can wind up in court. Even if they win, the potential loss in providing a defense and loss in reputation can be substantial. The liability issue NEVER goes away. It is unfortunate, but true, that many times accountability gets shifted to the possessor of the deepest pockets. The point is, sure, this individual has every right to off themselves however they please; so long as they do not adversely impinge on the rights of anyone else in doing so. It sounds cold, perhaps, but I am not going to allow some irresponsible buffoon's "right" to do whatever he wants to himself put MY ass on the line. No way. I do not subscribe to the line of thought that requires me to accept accountability for another's irresponsible behavior. > >****** If you are, it follows that you make your risk decisions for >yourself. Why can't you let others do the same? > You seem to think that your risk decisions are completely unfettered by their potential effects on the others around you. I agree with you that agencies, boats, etc. should not promise any more than they deliver, but to think that this will somehow ameliorate the liability threat is at best a layperson's misconception. If a diver has the right to make his own risk evaluations without concern for how his decisions affect others, the why doesn't it follow that the agencies can limit their risk exposure in any way they see fit? __________________ William R. Robinson phreatic@ju*.co* __________________ _____________________________________________________________________ You don't need to buy Internet access to use free Internet e-mail. Get completely free e-mail from Juno at http://www.juno.com Or call Juno at (800) 654-JUNO [654-5866] -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
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