On 2/8/02 6:04 AM, "Dominic Humphries" <diverdominic@ho*.co*> wrote:

> Do waivers actually offer legal protection in the US? In the UK, signing a
> document saying you can't/won't sue offers no protection whatsoever to the
> people getting you to sign it.
> 
> See Myth 1 at http://www.divernet.com/safety/court0700.htm
> 
> Just curious..
> 
> Dominic

Dominic,

Waivers do not and should not offer complete blanket protection. No waiver
will protect someone from their own reckless behavior. Failing to follow
your own guidelines and failing to act prudently and using common sense as
is apparently the case with this Doria incident is reckless and such
behavior should be actionable.

There's a reason why the food industry and consumer products are probably
safer here than anywhere in the world: the ability to sue. Yes, there are
excesses, but people rarely think about the excesses that would exist on the
OTHER side. Companies and individuals unfortunately do not often do the
right thing because it's the right thing or because it will make people
safer. No, they do the right thing because they fear being sued. It's not
pretty and it assumes that people, given a free hand, will try to squeeze a
few more bucks out of any product even if it sacrifices safety, but that's
the reality.

The same goes for certification agencies. On the surface it appears that
this instructor did not practice due diligence in certifying this student,
but a court will decide that. My impression is that there are instructors
out there who will pass a student no matter his physical condition or
ability because they fear being perceived as too hard on students so we get
lowest common denominator instruction and shorter, cheaper classes. For many
it comes down to money which is ironic considering that teaching SCUBA has
got to be one of the hardest ways there is to make a buck, and a pathetic
buck at that. 

I have a theory: if you made it illegal for instructors to teach students
and live in a trailer, you'd probably make diving safer overnight.

JoeL

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