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From: Gerald McDonald <Gerald.McDonald@mc*.co*>
To: "'techdiver'" <techdiver@aquanaut.com>
Subject: FW: BODY COUNT - SCORE CARD TO FOLLOW
Date: Fri, 10 Jul 1998 09:56:58 -0400
Organization: MCI
All,

Just wanted to add to the flow from a Captain's view.

I agree totally with the opinion that the boat is a taxi to get you out and 
back.  Of course we have the responsibility of getting you out and back 
alive and safe and don't take that responsibility lightly.

Many...although now days fewer...dive boat captains are not even divers and 
the fact that they are carrying passengers that are planning to jump ship, 
play a sometimes dangerous game then hopefully return safely should not 
automatically give them the responsibility of a paramedic or EMT.  Same as 
a Pilot who happens to take sky divers up for their fun.  But as most 
captains including myself are divers ( for 17 years) We ( I ) do feel more 
responsible for the safety of the charter and will do what ever humanly 
possible assist in an emergency.

I didn't read the original mail that started this "conversation" but only 
wanted to express my thoughts above and state that as an avid NE wreck 
diver myself I take whole responsibility in my safety when diving and if I 
croak, I don't want my wife trying to place the blame on anyone else but me 
and try suing some poor slob trying to hack out a livin' running a dive 
boat.


Thanks,  Dive Safely !!!

Capt. Gerry McDonald
"To Dive For" Dive Charters
Ocean City Md.




-----Original Message-----
From:	Mike Zimmerman [SMTP:zimmmt@au*.al*.co*]
Sent:	Thursday, July 09, 1998 1:13 PM
To:	Jim Cobb
Cc:	zimmmt@au*.al*.co*; Raimo4252@ao*.co*; techdiver@aquanaut.com
Subject:	Re: BODY COUNT - SCORE CARD TO FOLLOW

> Hey Mike this taxi idea of yours works great until the family of the
> deceased sues the hell out of the dive boat.

Jim,

that's because you forgot to really open your mind all the way :-)

Who sues the bus that takes you to the ski slope?  No one.  why
not?  No one expects the ski bus to keep you safe.  Stop expecting
the dive boat to.

When you get called to tetify as an expert witness by that
family, you can look 'em straight in the eye and say, no
there was no duty breached by the dive boat... they had no
duty to protect, only to taxi.  No breach of duty.  No case.

So anyway you are right, partially.  You can't do this half-way.
There is no half-pregnant.

either dive boats have responsiblity for us or they don't.
I pity them if they do.  And I pity us as we suffer while
they have to cover their butts.

Mike
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