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In a message dated 98-03-04 12:01:15 EST, Wahoo2001 writes:

<< Dive boat operators are always at the mercy of the lawyers. I have
been an
expert wittness in several diving deaths where the diver has died diving
underwater under there own care custody and control, and the boat, captain and
crew has been suied. We have alway won, but we are being suied and that cost
money, time, stress.  The divers know there responability sign waivers get
trained etc. the family and loved ones want someone to pay, they beleive if
you can aford a nice boat you have insurance and someone had to be wrong and
it couldnt be the husbad or son or daughter, it had to be the captain, crew
and boat owner.
 The last case I worked on waas settled for 100,000, the mother sued the boat
owner, captain and crew member that recovered the body saying the crew member
killed him because of the way he brough the none breathing diver to the
surface.
  some details, experience diver, mixed his own nitrox (39%)  depth 135 fsw
started with 3500 psi ended with 1800 psi checked mix still 39% total time in
the water 57 minutes found on the bottom with his regulator out of his mouth
at 135 feet  brought to the anchor line by another diver, brought up by the
mate, ontly to have the boat, captain and crew member suied for wrongful
death.
 The coast Guard licences us as tranporters the family and loved ones view us
and the responsable party no matter what goes wrong.. Its called DEEP pockets.
 captain steve bielenda >>

And then your customers get pissed off when you have rules, check for
logbooks, c-cards, or refuse to take them on certain dives. Go Figure. 

It's simple. Boat operators such as yourself should only be liable for the
care and custody of divers/passengers while there feet are firmly planted on
the deck of  your boat, period. 

Safe diving, Raimo
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