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Keith, thanks for the comments! > I think you're engaging in wishful thinking if you believe that if the > student signed > such an agreement, it would always hold up in court. I think your right...it would *NOT* always hold up in court - especially not for legitimate claims. However, I think it would signifcantly impede the success of frivilous and unwarranted cases. > 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. Well...I'm not sure I totally agree here. The "Something" the teacher provides is information and guidance during training. The instructor should NOT be held responsible for what the student learns. The only time an instructor should be held liable is if s/he does not adequately explain the high risks associated with technical diving. I know this will not meet a lot of agreement, but I think it is up to the STUDENT to decide whether or not s/he has received correct information. > If you think that a strongly worded disclaimer is going to provide an > instructor > "freedom from liability"; then you and I will can both enjoy a small wager on > the > first suit stemming from an instructor sticking a O2 regulator into his > students > mouth at 200 ft. No, I don't think *ANY* disclaimer will provide true "freedom from liabilty" (which really sucks for those of us who are willing to sign such a disclaimer). But if the "community standard" in technical diving maximized the amount of responsibility carried by the individual diver, then I believe it would be more difficult fopr non-legitimate cases to win in court. > Of course I'll want a student who'll accept ultimate responsibility for his > actions and > acts of nature that are beyond my control. To grant myself an absolution > from liability is a bit foolhardy. To believe you are truely free from liability is indeed foolhardy. My desire is to minimize the magnitude of liability exposure to service-providers and equipment-manufacturers in Technical Diving by shifting the burden of responsibility onto the individual diver. Bill Booth's presentation at the Key West rebreather forum was EXCELLENT (by the way Chris...I didn't know that it was you're idea to invite him...my hat's off to you!). He pointed out that anyone crazy enough to jump out of an airplane (or willingly go underwater) MUST have a death wish and therefore should be responsible for and expect harm that comes to them. Aloha, Rich ******************************************************************* Richard Pyle deepreef@bi*.bi*.ha*.or* "WHATEVER happens to you when you willingly go underwater is COMPLETELY and ENTIRELY your own responsibility! If you cannot accept this responsibility, stay out of the water!" *******************************************************************
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