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Re: A little more info on the CG


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Posted by Ken Kurtis on February 22, 2006 at 15:19:47:

In Reply to: Liability / Responsibility / Actions Taken posted by Second Fiddle on February 22, 2006 at 13:51:20:

<< The LAW allows the Captain to limit liability because he relied on the Dive Shop / Dive Master. Reasonable in my opinion. >>

Personally, I agree.

<< Yet the Coast Guard holds only the Captain responsible - granted, because they probably do not have any authority over anyone but the Captain. .. >>

In some of the private discussions we had with the CG regarding this, we couldn't make them realize (until this past summer - long after this incident) that the DMs were shop employees, not hired by the boat. The CG had been laboring under the mis-impression (despite having been told otherwise) that the DMs were hired by the boat. Therefore it made sense to them to hold the Captain quite responsbile.

The CG guy in charge told me privately (and the guy who said this has since rotated out of the L.B. office) that had they realized that, they might have dealt with Ray a lot less serverely.

Ken Kurtis
NAUI Instr. #5936
Co-owner, Reef Seekers Dive Co.
Beverly Hills, CA



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