Yes it is

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Posted by ChrisM on November 21, 2000 at 11:55:21:

In Reply to: Re: Wrong posted by shark-92107 on November 21, 2000 at 11:03:07:

and that's the point (tho I guess not artfully made). See if I can do it again. I take a guided tour to 60' with a DM leading the way. I run out of air (assume no equip. failure, just my failure to check my air) and drown.

Basically, the law is that if there is an express waiver and release (and again assuming it's a good one), the DM will not be held responsible because the risk of running out of air is inherent in diving and you cannot eliminate this risk. My express waiver and release is intended to cover all inherent risks.

Now, assume that I signed the same waiver, that I am 20 dives into my career and a DM leads me on a Matterhorn dive. Now you've got an additional issue to consider. Did the DM, by leading an obviously inexperienced diver on a very deep dive requiring much more experience, *increase* the risk of running out of air. I'd say you've got a pretty good argument that he did (still might not win, tho).

Now say the DM leads me into a cave and takes me into deco, or any other OE environment for which I am not qualified, better argument.

Say the DM is playing jokes and pulls out my reg from behind at 90' and I embolize, now you definitely win because you're getting into gross negligence.

All comes down to the question whether the DM increased the risk, and to what extent.
Disclaimer: I agree that everyone must be responsible for their own dives and profiles, these are just examples to demonstrate the law.

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