Nitrox and the *legal liability issue*

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Posted by MHK on February 26, 2001 at 15:34:32:

As many of you have been following * How the BBS turns* the issue about *legal liability* issue was raised by Ken Kurtis. In short Ken stated in pertinent part that based on certain information from Pat Fusak ( PADI legal affairs ) and I believe he cited NAUI's lawyer's [Monroe & Shapiro ?], that there was a possible legal issue with respect to a non-Nitrox certified DM supervising a certified Nitrox diver while that diver is diving Nitrox.

I just hung up with Pat, and aksed that very question. She indicated to me that there was ABSOLUTELY no legal liability concerns in that regard whatsoever. In fact, she went on to add that if a DM wasn't specialty certified in wreck diving or photography would that then mean they couldn't supervise a diver on the Yukon or a diver that is taking photo's???

So I want to dispell any rumor whatsoever with respect to the alleged *legal liability issue*.

I have now personally confirmed this with Gina Schott, Esq of Lesser & Assoc. [ the lawyer that will be representing you at trial] and PADI's legal department so unless, and until, there is credible contradictory information I will consider this a red-herring that is simply a falsehood...

Please feel free to verify this information with Pat at 1-800-729-7234 or call Lesser & Assoc. at 1-800- DIVE LAW.

In the interest of putting this matter to bed, and given that there is no such *legal liability issue* I'll simply be left with the notion that Ken's position[s] are simply inconsistent and without any credible rationale..

Furthermore, I'd add that according to Pat she already told this to Ken Kurtis so I wonder why it is that Ken indicated otherwise on this bbs correspondence???? And we will see the same outrage from the anti-DIR crowd??? Or is this another example of we need to support every syllable but yet other's can come on here and post outright lies and not be held accountable.

I've posted the phone numbers to verify my story so please feel free to check before you start flaming me...

If we need to support every thing we say than so to should the other side...

Ken, care to comment??????????


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