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From: <kirvine@sa*.ne*>
Date: Sat, 13 Nov 1999 10:41:53 -0500
To: bigvon@be*.ne*
CC: Karen Nakamura <karen@gp*.co*>, techdiver@aquanaut.com
Subject: Re: Legalities of purging someone
"Von", you tell that to the guy we pulled , and I am sure he will see it
differently. "Criminal Ignorance" in my opinion is the crap you have
recommended on here, and I will be glad to dig it up and replay it to
show just how out of line, out of your league, and just plain ignorant
you really are - any time you want a rematch. Take your personal petty
crap up with me in person, and spare everyone else the bullshit. You
know where to find me.

bigvon@be*.ne* wrote:
> 
> Karen
> As an attorney I can say your posts are right on the money. Everyone on the
list
> should reread your thread. In this case Irvine is way out of his league. He
should
> stick with what he knows and quit giving advice that borders on criminal
ignorance.
> 
> Bill
> 
> Karen Nakamura wrote:
> 
> > 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'.
> 
> --
> Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
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