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>The premise of a professional relationship between student and instructor is
>that the instructor is providing *something* in consideration for payment.
>If this *something* is either directly or indirectly (either by deficit or
>gross negligence) the source of a diver being injured or killed - you'll
>likely be held liable.

Why is the diving instructor/student relationship any different than any
other?  What do you think the chances are of suing your driving instructor if
you get into an auto accident?  I haven't ever heard of it happening.  Why
should the courts allow it in the case of scuba diving?  My truck didn't come
with a sticker on it saying "Driving is a potentially hazardous activity blah
blah blah", and my driving school teacher didn't ever tell me "Don't drive off
a cliff", yet what do you think my chances of suing him or Toyota are if I
drive it over a cliff?  Maybe diving instructors shouldn't be allowed to
certify their own students.  Like auto school teachers, they could teach the
necessary material, and the actual certification would be done by someone
else.  Like an instructor evaluation.  That way paying for the class isn't
tied to being certified.  You take the class, and like getting a driver's
license, you keep going back until you pass the test(s).

Maybe our legal system needs some new concept, we could call it "Obvious
Stupidity" or something like that.  Any moron knows driving off a cliff is
obviously stupid.  So is sticking an O2 reg in your mouth at 200 fsw.  If
you're certified to get O2 in a scuba tank, you should know this and have no
recourse, either against the person who taught you or the person you got your
fill from.  Of course, if you're too stupid to understand this and an
instructor certifies you anyway, the instructor is negligent and probably
should be held liable.

All US citizens, upon reaching adulthood, could be given the option of
relinquishing all responsibility for themselves.  These people would then be
declared "Obviously Stupid" and never allowed to do anything.  Maybe they
could be sent to a home.


Don

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