Posted by Wayne on February 26, 2001 at 17:23:43:
In Reply to: Re: How do you handle it? posted by MHK on February 26, 2001 at 17:04:23:
a diver using a pony that has >40% O2. I have been on boats where divers planned to use their pony at their "safety stop" on dives planned to not exceed 130 feet or NDL. I never thought about it before (and probably need to read the exclusions again!), but I wonder if this creates an additional liability -- or at least another place for a dirtbag lawyer (as opposed to the nice ones) to try to abuse the industry.
On the other hand, in tropical climes where a DM leads tours or provides inwater supervision, I have always wondered about the increased liability of a DM using Nitrox. The sceanrio being that the DM uses nitrox to be safer in multiple dives for multiple days and some idiot swims/sinks down and the DM cannot chase him/her due to MOD. Never heard of this happening, but it is something that has crossed my mind a time or two. I know that rightfully or wrongfully some family members will sue for almost anything.
And finally, I totally agree with you when you state: "There is NO issue when a non-Nitrox certified DM supervises a certified nitrox diver......" That being said, I cannot condemn the shop owner for fearing these issues might sneak up on him.
I have been advised by competent (expensive) lawyers that we were were doing things that could not get us in trouble, and yet I am going to court next month on one of these! I guess I distrust lawyers when they say I am safe as much as I distrust them when they warn me!
Wayne