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On 7/9/98 9:48, Jim Cobb, cobber@ci*.co* said:
>When the trial lawyers set out to make some money, they will sue the
>boat, the skipper, the maker of the scuba gear, the maker of the boat,
>the instructor, the person who tried to save the deceased, and any boats
>that happend to going by at the time.
>
>This is the way of the lawyer and what is called the "shotgun technique".
>The only defence is for each of the individual parties above to either
>have a good excuse, good insurance or not enough money to be worth the
>bother.
Yup. In business, this is a fact.
So what?
As you point out, there is no defense against this type of suit,
certainly limiting a diver's profile, demanding that he have certain
equipment, etc, etc, etc, is no defense.
You STILL have to show up, defend yourself, and then go back to your life.
These suits aren't worth discussing.
There's two kinds of suits. One is the nuisance variety you're talking
about, where they have no case, and isn't worth worrying about.
The other is the type where they have your ass cold, and then you're on
your way out of business, and good riddance.
Do you spend your days in fear, cowering behind closed doors, afraid that
I might sue your ass if I find out where you live?
Of course not. Because I have no valid claim against you.
The restrictions people discuss, limits set by a shop, a dive boat, a DM,
etc, would actually INCREASE the liability of the boat, or the DM,
because they can be construed as an assumption of responsibility!
Better to be a taxi, and note that the stars, Truth Aquatics, Sunshine
Coast Tours, God's Pocket all operate exactly that way.
The Vision tells you flat out, up front, at the mandatory briefing before
anyone gets in the water that YOU are responsible for your decompression,
your profile, and all the rest of it.
Then they stay out of it.
Guess what? That relieves them of responsibility!
Yes, you can still sue them, but you will LOOSE!
And now, goddamnit, back to work...
------------
"C'mon, you sons of bitches, you
want to live forever?"
-First Sergeant Dan Daly, 1918
------------
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