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Date: Tue, 3 Mar 1998 14:36:10 -0500
To: techdiver@aquanaut.com
From: s_lindblom@co*.co* (Steve Lindblom)
Subject: Re: Tragic technicaldiving

>Tell us who dear old grandma is going to impinge upon?  To whom is
>she going to cause detriment when she goes skiing, skydiving
>or dives on the Doria?

It's interesting, but the "We know what's good for you" bleeding heart
fascists  try to justify making lots more rules, the usual rationale is
that the government will step in and make REALLY restrictive law (though
god knows what could be more restrictive that the sort of stuff Dan has
been hinting at) if we don't.

Yet historically this is not the case - our govt here in the US only steps
in when people are likely to hurt others in addition to themselves, or when
the cost passed on to the public becomes excessive. When the consituency is
large enough (as with guns and tobacco) not even these seem to count.
A good example is aviation, which is very rigidly regulated (though where
the  pilot once licensed is given enormous leeway in making decisions).
Since the danger to the public from crashes (as passengers) or from falling
aircraft is substantial, the gov regulates it.
Ultralights, on the other hand, which carry no risk to passengers (can't
carry them) and little risk to bystanders (small and light, easy to dodge)
are not regulated at all, despite a death toll compared to which TDI look
like the girl scouts.

Or take motorcycle helmet laws. When these are debated by our lawmakers,
the main concern is always the high cost of head injuries to the public.
The problem from the govt's point of view is not that motorcyclists are
killing themselves (like ultralightists) when they crash, but that they
aren't - that they tend to turn themselves into veggies, and then live
long, expensive, unproductive lives as public wards. No one is particularly
worried about the safety of the motorcylists, only their impact on the
public wallet.

So as divers, are best defense against onerous govt. regulation is not dumb
self serving rules from the industry, but to continue as we are doing, and
either kill ourselves dead when we screw up, or do only relatively
inexpensive harm.

This whole thread, BTW, is not only tedious, but stupid, since one never
knows what the liability really is until the courts are finished. This dive
boat captain who tries to guard himself against liability by refusing to
let a certified diver dive might find himself sued for the cost of the
divers trip, including airfare and damages, and maybe even assault or false
arrest if he was particularly inept at stopping them. If he sucessfully
defended himself against those charges, by proving he was qualified to
second-guess the certifying agency, and had the authority and
responsibility to act, he might find himself facing suits from past and
future clients when they were injured, for NOT stopping them, now that he'd
shown it was his duty to do so. And on, and on, and on.


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