Non professional divers taking very young children diving (even in a pool)

[Basking Ridge Diver]

It's the law.

There are many laws on the books and many get overturned or become outdated. Some times it takes a lawsuit to see how silly some laws are before they become overturned.

I see, so if gramps had instead said, "I'm going to let uncertified and underage children play with this equipment in the pool without teaching them how to use it," it would have been much better and she would have cheerfully complied. Interesting.

LOL - nope now that you put it that way - maybe Gramps should have said teaching... that was good.

Either way Tammy did what she thought was right - I have no beef with that. But I disagree with it - maybe because my skin is not in the skillet and I am not associated with a shop it is easy to criticize.

There have been times I have been told that I should have sued - if it was my fault (I take ownership of my actions) I find it very difficult to sue someone for monetary gain if I was the reason I got hurt. There are others in the world looking for a lottery ticket and if they can get one by suing a company - I guess that is their right because it seems to work more often than not. Oh well - the pendulum needs to swing back...

 

[DivemasterDennis]

I think tstormdiver did exactly the right thing, both as an insured profession and as a lawyer.
DivemasterDennis

 

[Storker]

I think tstormdiver did exactly the right thing, both as an insured profession and as a lawyer.

And as a human being concerned about their fellow humans?

 

[boulderjohn]

The bartender analogy does not work. The bartender has a legal requirement to cut off the drunks. And that is why bar are cited and prosecuted for violations. Similar to the child abuse analogy. The standard is set by the law, not by the police.

Did you see the thread about the boy scout who died during a Discover Scuba class? The family sued everyone who could even be remotely linked to the case, including those who provided the equipment for the class. Yes, in some cases the law specifically provides that link. In some cases, the jury in the lawsuit provides the link.

In another case a few years ago, a dive club chartered a boat for a three tank dive. Two members of the dive club, who happened to be certified divemasters, took role before and after each dive. They were not officially employed as divemasters--just members of the club. After the first dive, they missed a diver who had not come back from the dive yet, and the boat left for the next location. The missing diver was eventually picked up alive by another boat. PADI was included in the lawsuit. What on Earth did they have to do with it? Even though they certified the divers as DMs some time ago, they were not working for PADI, and the dive was not conducted under the name of any agency. Well, the jury decided that PADI was liable for $2 million in that case.

 

[Wookie]

Even though they certified the divers as DMs some time ago, they were not working for PADI, and the dive was not conducted under the name of any agency. Well, the jury decided that PADI was liable for $2 million in that case.

Worse than that, PADI didn't certify anyone, they evaluated the instructor who certified the DMs, and allowed the DMs to join the association.

 

[Storker]

I can't help thinking about the fact that the majority of the posts here are about legal issues and financial liabilities. While any moral obligations are more or less forgotten...

 

[ZzzKing]

?..and go get a tank so my grandkids can have some grandkid type fun this summer...

Why do you hate your grandkids so much?

 

[redacted]

Did you see the thread about the boy scout who died during a Discover Scuba class? The family sued everyone who could even be remotely linked to the case, including those who provided the equipment for the class. Yes, in some cases the law specifically provides that link. In some cases, the jury in the lawsuit provides the link.

In another case a few years ago, a dive club chartered a boat for a three tank dive. Two members of the dive club, who happened to be certified divemasters, took role before and after each dive. They were not officially employed as divemasters--just members of the club. After the first dive, they missed a diver who had not come back from the dive yet, and the boat left for the next location. The missing diver was eventually picked up alive by another boat. PADI was included in the lawsuit. What on Earth did they have to do with it? Even though they certified the divers as DMs some time ago, they were not working for PADI, and the dive was not conducted under the name of any agency. Well, the jury decided that PADI was liable for $2 million in that case.

Anybody can be sued for anything. A dive shop can be sued for renting equipment. A dive professional can be sued for incidents under his watch. The professional's agency can be sued because the agency endorses that professional. The professional's agency retains the right to withdraw that endorsement for any reason. That agency has taken upon itself the authority and the capability; they get the responsibility also.

 

[Basking Ridge Diver]

While any moral obligations are more or less forgotten...

Not true - I am "hypothetically" boycotting the LDS due to the moral obligations I disagree with...

 

[Doc]

Just as a minor correction, Tammy's agency is SSI, not PADI.

That's prolly why there weren't felony charges, just a misdemeanor beef.