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From: <bigvon@be*.ne*>
Date: Sat, 13 Nov 1999 12:17:22 +0000
To: kirvine@sa*.ne*
CC: Karen Nakamura <karen@gp*.co*>, techdiver@aquanaut.com
Subject: Re: Legalities of purging someone
George
You are clearly wrong on this issue, but I am sure as the consummate "tough
guy" it does
not make any difference to you. If you had caused further injury or even death
as a
result of your tough guy CPR, I am sure HE or his family would have seen it
differently.
Get proper training and shut (as you so politely say) your alligator mouth.
Just because you successfully participated in a rescue and got away with it
does not make
it right. Just like a successful deep air dive to 220' does not make deep air
right.
Now be a good boy and apologize to Karen.
Von

kirvine@sa*.ne* wrote:

> "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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>
> --
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