Posted by MHK on November 19, 2001 at 16:33:11:
In Reply to: Disagree...... posted by ChrisM on November 19, 2001 at 16:14:20:
Chris,
As a lawyer I would think that you would be the first to agree with my thought process.. Let me clarify for you since there may be a misunderstanding.
As the current state of the dive industry, judicial and legislative history co-exists you have a certification process. That certification process, for better or worse, is the standard by which a diver is entitled to purchase gear, obtain air fills and to obtain passage to a vessel.. In my view, as a non-lawyer, it seems to me that once you provide for ad hoc, on site judgements you loose any standardized measuring ground. In other words, since the courts have consistently ruled, absent gross negligence, that the waiver signed by the certified diver, understands and accepts the known risks, then they have the absolute right to waive liability.. Once you remove the known, and accepted standard then all hell will break loose and their will be no basis for precedential value..
Now bear in mind, what I'm stating is my view of the law, not necessarily what as as an idividual diver would prefer. I think agencies such as PADI suck.. I think they care little, if anything, about quality of training inasmuch as they have a battery of high powered lawyers advising them that they can get away with X or Y, without adverse legal consequences.. While perhaps defensible in a court of law, my view is that as the *leaders of the way the world learns to dive* they should have a responsibility to do better, not minimal...
Just my view from the cheap seats as a non-lawyer...
Trust me if I had it my way, there would be MUCH that I would change and expiring C-cards would be the first thing that I'd do...
Later