Posted by Ken Kurtis on January 20, 2003 at 00:41:43:
In Reply to: Re: Genesis of the Reef Seekers out-of-air policy posted by Jeff on January 19, 2003 at 23:37:31:
Jeff wrote: "I chose to be responsible for my own actions, & I take that responsibility seriously . . ."
In an ideal world, Jeff, you'd be absolutely right. And I fully agree that as a certified diver, I shouldn't be forced to take rersponsbility for your bad decisions or actions.
Unfortunately, the courts have taken a different viewpoint. This is why we have waivers used extensively in our industry. They are intended to get the case dismissed before the facts are weighed for concern that a non-diving jury's interpretation of the "facts" may go against what certified divers would view as common sense. (Think the McDonald's hot-coffee-spilled-in-the-lap suit.)
At Reef Seekers, we've chosen to be very proactive. Yes, we may step on what are percevied as diver's "rights" at times. But it's done in the hopes of not only preventing the diver from injuring him or herself, but with the hope of us avoiding a court case as well, or at least being on very solid ground should one occur.
Ken Kurtis
NAUI Instr. #5936
Co-owner, Reef Seekers Dive Co.
Beverly Hills, CA