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We truly welcome your input and observations, they have been very useful. I am concerned about the idea that you bring forward: "From what I learend after the dive the DM was asked to buddy with Ms Wood but was not on a specific contract with extra payment. She was one of or DM's that day and obviously buddied with Ms Wood but I think to use the word hired implies that she agreed to give Ms Wood special attention and that she was at risk with out her own personal DM. I don't even think Stuart Cove offer this service."
I don't find it unusual that the operator and the employees would try to minimize their liability with such statements ex post facto. The only way we will ever really know is to see Mr. Wood's receipt.
In my mind the Instructor's duty toward Mrs. Woods does not hinge on payment (though proof of payment is proof perfect of the duty). If she, in fact, agreed to: "to give Ms Wood special attention and that she was at risk with out her own personal DM." that would be enough to convince me that there was a duty there to do more than she did. Now, if she really was supposed to be the DM for the entire group and wound up insta-buddied with Mrs Wood with no discussion of "special attention," that clearly would lessen, though no obviate, her duty,
I don't find it unusual that the operator and the employees would try to minimize their liability with such statements ex post facto. The only way we will ever really know is to see Mr. Wood's receipt.
In my mind the Instructor's duty toward Mrs. Woods does not hinge on payment (though proof of payment is proof perfect of the duty). If she, in fact, agreed to: "to give Ms Wood special attention and that she was at risk with out her own personal DM." that would be enough to convince me that there was a duty there to do more than she did. Now, if she really was supposed to be the DM for the entire group and wound up insta-buddied with Mrs Wood with no discussion of "special attention," that clearly would lessen, though no obviate, her duty,