Re: A question of legal liability... Some help here please.

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Posted by SDM on July 02, 2012 at 13:59:21:

In Reply to: A question of legal liability... Some help here please. posted by seahunt on July 01, 2012 at 18:19:58:

It has been several years since I was on the expert witness circuit and I cannot locate my Blacks dictionary and I am not in the legal profession so my comments are based on my personal experiences of past cases

I recall one of my cases in the early 1970s in which the case was based on the "standard of the industry" or "standard of practice" which is an event, activity,or non litigated requirement which has not been established as a law but is an accepted practice of an event, activity ...etc

There are numerous items of a diver's equiptment which are currently considered as being a standard;
"SPG" been around many years but a "standard" for about 40 years
"Octopus" has been around along time but not as long as an SPG
"PFV" (BC) around professionally since 1950s

Fins Mask & snorkle (--wet suit and bathing suit optional)

The modern instructor has no experience diving with out an SPG , Octopus or PFV therefore considers all of them standard requirement of modern diving. This may or may not be a requirement of the instruction agencies Therefore all training and certification classes must be conducted according to the established training agencies standards. If it a requirement of passing the class use an octopus--use it!.

The boat operator is a transportation medium..The passengers may elect to jump off the boat and paddle around or relax in the sun. But if there is an accident the litagation is often based on the shot gun principle and every one is subject to litiagation.--Every one is sued

Hope this in some small way helpd


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