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"Bruce J. Belschner" <b2@cs*.co*> wrote:

> I still believe a suit against a dive boat captain for an injury or death
which
> occurred
> in the water (not the dive boat running the engines and chopping someone up)
> is frivolous.  Unless the diver is on a training dive where an instructor is
> guiding the
> student, the diver should make all decisions about the dive.  I am not saying
the
> captain should not check to see if the diver has a c-card. If the captain of
the
> boat begins making decisions for the diver than I believe he must accept a
certain
>
> amount of responsibility.
>
>
> w wittman wrote:
>
> > B2@cs*.co* , Bruce J. Belschner  wrote:
> >
> > >The point was, Until we come up with a legal system that throws out
frivilous
> > >law
> > >suits, the captains will have to attempt to protect themselves.
> >
> > frivolousness is clearly in the eye of the beholder.
> >
> > i know it's a knee-jerk, right-wing axiom that virtually any consumer
> > lawsuit against a business is "frivoulous" but...
> >
> > with more and more people jumping to get in on the profit potential of
> > technical diving i don't personally see why they shouldn't ALSO be in line
> > for the liability.
> >
> > i don't mean to unfairly characterise your take on this (if i AM)...but i'm
> > not at all certain i see this type of suit as frivolous
>
Folks,

I doubt very much whether we're EVER going to get a consensus of opinion
here.

I'm (FWIW) inclined towards Jammers philosophy if only because as soon
as a Captain decides that one person on the boat should not do the dive,
BY INFERENCE s/he is also saying that the divers that are then allowed
overboard ARE capable of doing the dive and s/he is therefore accepting
responsibility for those divers.

If I was that Captain, I wouldn't like that responsibility AT ALL.

Christian

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