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From: Wahoodiver@ao*.co*
Date: Sat, 9 Feb 2002 11:44:43 EST
Subject: Re: Diver Responsibility
To: Bakalite@ba*.co*, vbtech@ci*.co*, FLTechDiver@mikey.net,
     EANX@ao*.co*, captjt@mi*.co*
CC: techdiver@aquanaut.com

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Capt. Jt;
Based on the entire CG report about 75 pages long my question to you is; 
How did Murley die, The CG report stated he drown at the surface, what has a 
waiver have to do with the situation, Murley can't waive someone else 
negligence.only his own. When someone in trouble at the surface screaming and 
thrashing with two people assisting him, how and why did he drown?  One of 
the deck people watching, told the rescuer "his head is underwater" 
?????????????
What has a wavier to do with this situtation?
ps: the captain and crew of any dive boat has the responsability and right to 
stop any diver from entering the water for any reason they see fit, from 
improper attutidude to you dont belong here and all the other reason in 
between, and you dont get any money refunded.
captain steve bielenda

In a message dated 2/8/2002 4:45:22 PM Eastern Standard Time, 
Bakalite@ba*.co* writes:


> Subj:Re: Diver Responsibility 
> Date:2/8/2002 4:45:22 PM Eastern Standard Time
> From:<A HREF="mailto:Bakalite@ba*.co*">Bakalite@bakalite.com</A>
> To:<A HREF="mailto:vbtech@ci*.co*">vbtech@cisatlantic.com</A>, <A
HREF="mailto:FLTechDiver@mikey.net">FLTechDiver@mikey.net</A>, <A
HREF="mailto:EANX@ao*.co*">EANX@aol.com</A>
> CC:<A HREF="mailto:techdiver@aquanaut.com">techdiver@aquanaut.com</A>
> Sent from the Internet 
> 
> 
> 
> John, I don't think you are being naive.  The people who took this 
> guy diving deserve everything they get, but it is important that dive 
> operators have some protection from lawsuits, and that is usually 
> where the waiver comes in.  If you buy a beer because you saw in the 
> commercials that all the guys who drink beer get the girls, but then 
> instead of getting girls you become a drunk, do you think you should 
> be able to sue the beer company?  At some point people need to take 
> responsibility for themselves, because if the law tries to do it we 
> are all going to get screwed.
> 
> 
> John Mason Jr"." wrote:
> ~
> >JT,
> >I agree Christopher Murley made the decision to dive signed the waivers 
> and
> >went diving, all his choice. I agree that you should be prepared for 
> dying.
> >You are also correct about families wanting to blame someone. Personally I
> >think you signed, your responsibility, end of story. But in this case it
> >seems that people had the attitude of he signed the waiver cash the check,
> >instead of you don't belong here waiver or not. This may be a little 
> naive,
> >it is just my opinion.
> >
> >John
> >----- Original Message -----
> >From: "Capt JT" <captjt@mi*.co*>
> >To: <vbtech@ci*.co*>; <FLTechDiver@mikey.net>;
> ><vbtech@ci*.co*>; <EANX@ao*.co*>
> >Cc: <techdiver@aquanaut.com>
> >Sent: Thursday, February 07, 2002 5:59 PM
> >Subject: Re: Diver Responsibility
> >
> >
> >>  John, have you  ever seen a Doria wavier from the Seeker? The one I 
> have
> >>  states " I have been given the opportunity to review this document with
> >>  both my family and legal counsel." that is  initialed and notarized 
> long
> >>  before you ever get on the boat.
> >>
> >>  We as humans will die as part of living, one must face the fact that he 
> or
> >>  she will someday die. Nothing will change this, that is reality. That 
> is
> >>  why we make wills and prepare of families for this event.  Those who do
> >not
> >>  accept this fact will surely leave their family in debt and screwed.
> >>
> >>  Often families want to blame someone else for this poor planning and to
> >>  relieve the burden and guilt they feel for not being more involved in 
> the
> >>  deceased persons life. Clearly,  Lawyers  have different reasons for
> >>  pursuing these cases and justice has nothing to do with it.
> >>
> >>
> >>
> >>
> >>  Mason Jr"." wrote:
> >>  >Curt,
> >>  >I agree that personal responsibility is the key. However in this case 
> I
> >>  >think some folks should have dissuaded this gentleman from doing this
> >kind
> >>  >of diving instead of  enabling it. It has a bit of moral/ethical
> >messiness
> >>  >to accept money from someone who by all accounts should not be there 
> just
> >>  >because he signed a waiver.
> >>  >
> >>  >John Mason
> >>  >----- Original Message -----
> >>  >From: <EANX@ao*.co*>
> >>  >To: <dell@di*.co*>; <trimix@ho*.co*>; <aocfishman@ho*.co*>
> ;
> >>  ><FLTechDiver@mikey.net>; <vbtech@ci*.co*>
> >>  >Cc: <techdiver@aquanaut.com>
> >>  >Sent: Thursday, February 07, 2002 2:14 PM
> >>  >Subject: Diver Responsibility
> >>  >
> >>  >
> >>  > > Again, another case of family members trying to make an excuse for 
> a
> >love
> >>  >one
> >>  > > lost.
> >>  > >
> >>  > > If you sign a waiver saying you accepts the risk involved then it
> >should
> >>  >be
> >>  > > written in stone. All we need is one case being lost because of 
> some
> >>  >crafty
> >>  > > (crooked) lawyer and all our diving could go to pot.
> >>  > >
> >>  > > Divers and their families need to start taking responsibility for 
> what
> >>  >ever
> >>  > > they get themselves involved with.  If not, then maybe they should
> >stay
> >>  >home
> >>  > > in bed, but then again they might sue the mattress company for bed
> >sores.
> >>  > >
> >>  > > This includes all divers, no matter their physical fitness.
> >>  > >
> >>  > >
> >>  > >
> >>  > > Curt Bowen
> >>  > >
> >>  > > Publisher Advanced Diver Magazine
> >>  > > 941-751-2360 Office
> >>  > > www.advanceddivermagazine.com
> >>  > > AdvDvrMag@ao*.co*
> >>  > >
> >>  > >
> >>  > > Mailing address
> >>  > > Advanced Diver Magazine
> >>  > > 3115 48th Ave. Dr. East
> >>  > > Bradenton, FL 34203  USA
> >>  > >
> >>  > >
> >>  > > Rule of Exploration
> >>  > > "Publish or Perish"
> >  > > > ============================================================
> >>  > > To contact the list administrator, email
> >>  > > Mike Rodriguez at mikey@mi*.ne*
> >>  > > To UNSUBSCRIBE from this list, send a message to:
> >>  > > listserv@mi*.ne*
> >>  > > and in the *BODY* of the message type:
> >>  > > unsubscribe FLTechDiver
> >>  > >
> >>  >
> >>  >
> >>  >
> >>  ><< Send subscribe/unsubscribe/help requests to
> >VBTech-request@ci*.=
> >>  >com >>
> >>
> >>  "You can't learn to dive on the net, sooner or later you have to get in
> >the
> >>  water"
> >>
> >>  Your Guide to Great Wreck Diving along the East Coast & more
> >>    Web Site  http://www.capt-jt.com/
> >>  Email     captjt@mi*.co*
> >>
> >>
> >>
> >>
> >>  << Send subscribe/unsubscribe/help requests to
> >VBTech-request@ci*.=
> >>  com >>
> >>
> >
> >
> >
> ><< Send subscribe/unsubscribe/help requests to 
> VBTech-request@ci*.=
> >com >>
> 
> 
> -- 
> Paul B.
> --
> Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
> Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
> 


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<HTML><FONT FACE=arial,helvetica><FONT  SIZE=2>Capt. Jt;<BR>
Based on the entire CG report about 75 pages long my question to you is; <BR>
How did Murley die, The CG report stated he drown at the surface, what has a
waiver have to do with the situation, Murley can't waive someone else
negligence.only his own. When someone in trouble at the surface screaming and
thrashing with two people assisting him, how and why did he drown?  One of
the deck people watching, told the rescuer "his head is underwater"
?????????????<BR>
What has a wavier to do with this situtation?<BR>
ps: the captain and crew of any dive boat has the responsability and right to
stop any diver from entering the water for any reason they see fit, from
improper attutidude to you dont belong here and all the other reason in
between, and you dont get any money refunded.<BR>
captain steve bielenda<BR>
<BR>
In a message dated 2/8/2002 4:45:22 PM Eastern Standard Time, Bakalite@ba*.co*
writes:<BR>
<BR>
<BR>
<BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT:
5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">Subj:<B>Re: Diver Responsibility
</B><BR>
Date:2/8/2002 4:45:22 PM Eastern Standard Time<BR>
From:<A HREF="mailto:Bakalite@ba*.co*">Bakalite@bakalite.com</A><BR>
To:<A HREF="mailto:vbtech@ci*.co*">vbtech@cisatlantic.com</A>, <A
HREF="mailto:FLTechDiver@mikey.net">FLTechDiver@mikey.net</A>, <A
HREF="mailto:EANX@ao*.co*">EANX@aol.com</A><BR>
CC:<A
HREF="mailto:techdiver@aquanaut.com">techdiver@aquanaut.com</A><BR>
<I>Sent from the Internet </I><BR>
<BR>
<BR>
<BR>
John, I don't think you are being naive.  The people who took this <BR>
guy diving deserve everything they get, but it is important that dive <BR>
operators have some protection from lawsuits, and that is usually <BR>
where the waiver comes in.  If you buy a beer because you saw in the
<BR>
commercials that all the guys who drink beer get the girls, but then <BR>
instead of getting girls you become a drunk, do you think you should <BR>
be able to sue the beer company?  At some point people need to take <BR>
responsibility for themselves, because if the law tries to do it we <BR>
are all going to get screwed.<BR>
<BR>
<BR>
John Mason Jr"." wrote:<BR>
~<BR>
>JT,<BR>
>I agree Christopher Murley made the decision to dive signed the waivers
and<BR>
>went diving, all his choice. I agree that you should be prepared for
dying.<BR>
>You are also correct about families wanting to blame someone. Personally
I<BR>
>think you signed, your responsibility, end of story. But in this case
it<BR>
>seems that people had the attitude of he signed the waiver cash the
check,<BR>
>instead of you don't belong here waiver or not. This may be a little
naive,<BR>
>it is just my opinion.<BR>
><BR>
>John<BR>
>----- Original Message -----<BR>
>From: "Capt JT" <captjt@mi*.co*><BR>
>To: <vbtech@ci*.co*>; <FLTechDiver@mikey.net>;<BR>
><vbtech@ci*.co*>; <EANX@ao*.co*><BR>
>Cc: <techdiver@aquanaut.com><BR>
>Sent: Thursday, February 07, 2002 5:59 PM<BR>
>Subject: Re: Diver Responsibility<BR>
><BR>
><BR>
>>  John, have you  ever seen a Doria wavier from the Seeker?
The one I have<BR>
>>  states " I have been given the opportunity to review this
document with<BR>
>>  both my family and legal counsel." that is  initialed and
notarized long<BR>
>>  before you ever get on the boat.<BR>
>><BR>
>>  We as humans will die as part of living, one must face the fact
that he or<BR>
>>  she will someday die. Nothing will change this, that is reality.
That is<BR>
>>  why we make wills and prepare of families for this event. 
Those who do<BR>
>not<BR>
>>  accept this fact will surely leave their family in debt and
screwed.<BR>
>><BR>
>>  Often families want to blame someone else for this poor planning
and to<BR>
>>  relieve the burden and guilt they feel for not being more
involved in the<BR>
>>  deceased persons life. Clearly,  Lawyers  have
different reasons for<BR>
>>  pursuing these cases and justice has nothing to do with
it.<BR>
>><BR>
>><BR>
>><BR>
>><BR>
>>  Mason Jr"." wrote:<BR>
>>  >Curt,<BR>
>>  >I agree that personal responsibility is the key. However in
this case I<BR>
>>  >think some folks should have dissuaded this gentleman from
doing this<BR>
>kind<BR>
>>  >of diving instead of  enabling it. It has a bit of
moral/ethical<BR>
>messiness<BR>
>>  >to accept money from someone who by all accounts should not
be there just<BR>
>>  >because he signed a waiver.<BR>
>>  ><BR>
>>  >John Mason<BR>
>>  >----- Original Message -----<BR>
>>  >From: <EANX@ao*.co*><BR>
>>  >To: <dell@di*.co*>; <trimix@ho*.co*>;
<aocfishman@ho*.co*>;<BR>
>>  ><FLTechDiver@mikey.net>; <vbtech@ci*.co*><BR>
>>  >Cc: <techdiver@aquanaut.com><BR>
>>  >Sent: Thursday, February 07, 2002 2:14 PM<BR>
>>  >Subject: Diver Responsibility<BR>
>>  ><BR>
>>  ><BR>
>>  > > Again, another case of family members trying to make
an excuse for a<BR>
>love<BR>
>>  >one<BR>
>>  > > lost.<BR>
>>  > ><BR>
>>  > > If you sign a waiver saying you accepts the risk
involved then it<BR>
>should<BR>
>>  >be<BR>
>>  > > written in stone. All we need is one case being lost
because of some<BR>
>>  >crafty<BR>
>>  > > (crooked) lawyer and all our diving could go to
pot.<BR>
>>  > ><BR>
>>  > > Divers and their families need to start taking
responsibility for what<BR>
>>  >ever<BR>
>>  > > they get themselves involved with.  If not, then
maybe they should<BR>
>stay<BR>
>>  >home<BR>
>>  > > in bed, but then again they might sue the mattress
company for bed<BR>
>sores.<BR>
>>  > ><BR>
>>  > > This includes all divers, no matter their physical
fitness.<BR>
>>  > ><BR>
>>  > ><BR>
>>  > ><BR>
>>  > > Curt Bowen<BR>
>>  > ><BR>
>>  > > Publisher Advanced Diver Magazine<BR>
>>  > > 941-751-2360 Office<BR>
>>  > > www.advanceddivermagazine.com<BR>
>>  > > AdvDvrMag@ao*.co*<BR>
>>  > ><BR>
>>  > ><BR>
>>  > > Mailing address<BR>
>>  > > Advanced Diver Magazine<BR>
>>  > > 3115 48th Ave. Dr. East<BR>
>>  > > Bradenton, FL 34203  USA<BR>
>>  > ><BR>
>>  > ><BR>
>>  > > Rule of Exploration<BR>
>>  > > "Publish or Perish"<BR>
>  > > >
============================================================<BR>
>>  > > To contact the list administrator, email<BR>
>>  > > Mike Rodriguez at mikey@mi*.ne*<BR>
>>  > > To UNSUBSCRIBE from this list, send a message
to:<BR>
>>  > > listserv@mi*.ne*<BR>
>>  > > and in the *BODY* of the message type:<BR>
>>  > > unsubscribe FLTechDiver<BR>
>>  > ><BR>
>>  ><BR>
>>  ><BR>
>>  ><BR>
>>  ><< Send subscribe/unsubscribe/help requests to<BR>
>VBTech-request@ci*.=<BR>
>>  >com >><BR>
>><BR>
>>  "You can't learn to dive on the net, sooner or later you have to
get in<BR>
>the<BR>
>>  water"<BR>
>><BR>
>>  Your Guide to Great Wreck Diving along the East Coast &
more<BR>
>>    Web Site  http://www.capt-jt.com/<BR>
>>  Email     captjt@mi*.co*<BR>
>><BR>
>><BR>
>><BR>
>><BR>
>>  << Send subscribe/unsubscribe/help requests to<BR>
>VBTech-request@ci*.=<BR>
>>  com >><BR>
>><BR>
><BR>
><BR>
><BR>
><< Send subscribe/unsubscribe/help requests to
VBTech-request@ci*.=<BR>
>com >><BR>
<BR>
<BR>
-- <BR>
Paul B.<BR>
--<BR>
Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.<BR>
Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.<BR>
</BLOCKQUOTE><BR>
<BR>
</FONT></HTML>
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--
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