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In a message dated 98-03-02 17:59:34 EST, phreatic@ju*.co* writes: << 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. A dive boat operator can wind up in court even if he does decide that the diver was fit for diving, and the diver croaks. And if the dive boat operator is using his own criteria to make decisions as to who dives on his boat and who does not (which of course is his right), then what is the point of the c- card and/or log book?? And if the baot operator is taken to court because "he" decided that someone was fiot for diving and it turns out that they were not, not what does he do. We are placing responsibilty on the boat operator that should be placed on the instrucot/agency who trained him, and himself. I do not operate a dive boat boat, but if I did, my only requirement would be show me a valid c-card and log for the dive my baot is going to. PAy me my fee, and have a great dive. Once you step off the side of my boat, I cant help you if you do someting foolish and stupid (of course I would provide adequate crew and safety measures to reasonable measures, but I would draw the line at handholding and deciding who is fit and unfit-that is the job of the instructor etc.) To me, a boat is somewhat similiar to a taxi cab. >>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.>> I totally agree with you here. >> 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? >> A good question. Safe diving, Raimo -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
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