Mailing List Archive

Mailing List: techdiver

Banner Advert

Message Display

Date: Fri, 12 Nov 1999 15:04:06 -0500
To: <Adriaan_Haine@ce*.be*>
From: Karen Nakamura <karen@gp*.co*>
Subject: Re: Legalities of purging someone
Cc: techdiver@aquanaut.com
Adri -

Ironically, people who don't know anything are the most protected by the
Good Samaritan Law (which is what this part of the thread is about). If you
make a reasonable effort and you haven't been taught any better, then there
isn't really anything they can sue you on.

If you've received some training and know what's protocol and what's not,
then doing stuff outside of protocol leaves you wide open.

People in professional positions are the most open to a suit: DMs,
instructors, guides, etc. That's why almost all agencies require them to
have insurance. But there's two sides to the insurance -- having insurance
also makes it more likely that you'll actually get sued. Which is most
tempting to a lawyer:

 * Dive company with lots of insurance
 * Dive shop with insurance
 * Instructor with insurance
 * Boat captain with minimal insurance and a nice boat
 * Dive buddy who lives out of an old VW bus

Unfortunately, when someone dies in the U.S., the family (encouraged by the
lawyers and by society) wants to blame someone and see retribution done.
The laws (they vary from state to state) are designed to protect innocent
citizens in the situation you're talking about: they come across a
life-or-death situation, should they help or not?  So you're covered.

This has nothing to do with diving, so the thread should die. This is the
same principles that apply for any situation: hiking, gliding, climbing,
etc.  Do the best that you can with what you have and within the scope of
common sense.

If someone's already dead (not breathing), it's hard to kill them any more
(so try what you can), but while we're in "dry dock", at least think about
what options you might have. That way, you won't be stuck in a situation
where you see an O2 deco reg and are tempted to intubate someone with it,
you'll have thought out the best thing to do and use the equipment to its
best.


Karen

ps. it's really sad that we can't have a civil, coherent discussion about
this. obviously, some methods will work (some of the time) but they
shouldn't be presented as the *best* method when clearly superior
alternatives exist. i won't defend my own stupid mistakes and lucky breaks
with anything but an admission that they were stupid mistakes and lucky
breaks. i think i learnt a bit more about human psychology than i really
wanted to.





At 11:09 AM +0100 11/12/99, <Adriaan_Haine@ce*.be*> wrote:
> Karen,
>
> If I understand you correctly:
>
> if I am not qualified as a rescue diver, I should just leave the victim alone
> and watch him or her  die? Because otherwise if she or he dies, I might be
>sued
> because I tried to save a life and failed doing so?
> Is it not better to have tried and failed then to not even try?
>
> confused,
>
>
> Adri Haine
>
--
Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.

Navigate by Author: [Previous] [Next] [Author Search Index]
Navigate by Subject: [Previous] [Next] [Subject Search Index]

[Send Reply] [Send Message with New Topic]

[Search Selection] [Mailing List Home] [Home]