Mailing List Archive

Mailing List: techdiver

Banner Advert

Message Display

To: techdiver@opal.com
Subject: education beyond certification.
From: J Shepherd <jms@fe*.ed*.ac*.uk*>
Date: Thu, 20 Apr 95 13:40:17 BST
	In addition to NAUI, a couple of BSAC branches exist in the
states - I don't know if there are any shops yet. Imagine a club that
combines peer teaching, a certification course to set standards *and*
all the functions of DAN (insurance is thrown in in the membership).

	wrt liability; what ever happened to 'duty of care'? This wrt
boat skippers. dive shops etc. 

	In the event of an incident, who tries the case?

	- family; very angry, upset and usually completely incompetant
to assess the events, might bring a private action.

	- there *must* be an inquest (in the event of it being a BSAC
incident, there will be a BSAC one as well, I gather). Who tries the
inquest. Who assigns the 'experts'? Are inquests combatitive (like
american TV trials etc.)?

	- the police (i.e. the state) may decide on the results of the
inquest, to bring criminal charges against one or more parties.

	Can private cases be brought *before* the results of the inquest
and/or criminal procedings?

	Recently a rape case was brought as a private case in the UK
(the defendant was found not guilty in the criminal court, but lost his
case in the private suit, and had to pay punitive damages). Which courts
are dealing with guilt (and therefore responsibilty) here?

	What are you guys going to do in the event of an incident and
one or more of the courts depends on 'experts' from the local dive
store, or toeing the offical DAN line? Don't forget the older the
'experienced' diver the more likely they are to be conservative; 'nitrox
is pointless and dangerous, carrying O2 is a straight road to suicide'.

	Don't laugh, I really have heard people who ought to have known
better spout that crap.

	In order to secure a win (conviction or money) *they* (in
theory) have to prove that you (boat skipper, or teacher, or buddy) were
negligent or lacking in your duty of care to the victim. However, as has
been pointed out, all they have to do is to say - look, going underwater
is STUPID; hey presto - you now have to prove that you really did know
what you were about.

	Take out big third party insurance to cover your legal costs,
people.

	BTW BSAC insurance is worth 2 million quid anywhere in the
world except the USA, where it's worth only 1 million. I gather it's
because BSAC expect more, bigger suits over there. They recommend you
take out extra insurance... :-)

	McJason. 

Navigate by Author: [Previous] [Next] [Author Search Index]
Navigate by Subject: [Previous] [Next] [Subject Search Index]

[Send Reply] [Send Message with New Topic]

[Search Selection] [Mailing List Home] [Home]