false logs

[rjchandler]

{SNIP}
(3) Why CobaltDiver is here posting hear-say remarks alleged to come from the Op?

{SNIP}QUOTE]

Martha asked fer help. Someone's gotta report back?

Martha IS going to file a claim, whether she wants to or not--that is how her HMO gets reimbursed by the OP's insurance.

Do these small boats really keep logs?

As to the legal questions - it depends . on local law. on Federal (US) law. etc. Common carriers are not strictly liable in all jurisdictions. In some cases federal common law will allow waivers of ordinary negligence but not wanton and wilful misconduct. a small dive boat may not be a common carrier. it may or not be subject to fed law depending on its size or where it operates. and so on.

 

[marthacd]

I'd like to know why my post replying to cobaltdiver and the subsequent thread was removed

never mind - i found it

 

[marthacd]

They are liable because I was following the captain's orders; had he not asked me to get out of my seat, the accident would not have occurred.

 

[El Orans]

If your post is removed, you should be notified by the Moderator that did the removal.

I suggest your post this question in Site Support.

 

[marthacd]

Actually, I'm not filing a claim. I phoned my HMO to tell them of the problem and they told me they were only interested if I had filed a lawsuit- then they would recover their expenses from the proceeds. When I asked if I was required to file a lawsuit, they said that I wasn't.

The ironic thing here is that if Michelle had been upfront with me and given me her insurance info without a hassle, her insurance info would never have been used, I would never have found out about the rotten games she plays and none of this would ever have been posted.

 

[marthacd]

Common carriers are not strictly liable in all jurisdictions. In some cases federal common law will allow waivers of ordinary negligence but not wanton and wilful misconduct. a small dive boat may not be a common carrier. it may or not be subject to fed law depending on its size or where it operates. and so on.[/QUOTE

If this is true, why would she withold insurance information?
If signing a waiver really had clout, why would she withold insurance information?

 

[marthacd]

The thing that caught my interest is how the dive company would have known marthacd was a dancer such that its log would have reflected that she was showing someone a dance step ... unless whe was. QUOTE

Answer.
The OP has had a relationship with my dance group for many years. The OP has been invited as a vendor to make a presentation at the beginning of each dance week to the group and has offered a discount. If I remember correctly, all the divers on that trip were dancers who had signed up for their dive at that year's presentation.
Martha

 

[marthacd]

there was a clear and present danger (the open hatch), and you failed to appropriately take precautions to safely navigate it. as a result of your own lack of care, you fell in the hatch and received damages QUOTE

I was walking with reasonable care (for the apparent conditions, including the open hatch) back to my seat. A sudden swell caused the boat to lurch quite severely and unexpectedly.

Doesn't the law say you have to follow captains orders?
Isn't it the captain's responsibility to direct the safety of the passengers?
Despite what is claimed, he gave me no warning about walking about - not before I got out of my seat to assist him at his behest and not before I returned to my seat.

How could they NOT be liable?

Martha

 

[marthacd]

Martha, you also started out, within the same post, and said that you had a good time with them, and then finished up by saying that you had a terrible time with them. Um... Which is it? QUOTE


Until the accident, my experiences had been good.
What happened subsequently recolored the whole thing

 

[marthacd]

The stooge that you speak of at your dinner was not affiliated with the dive shop in anyway, but only as a fellow dancer and customer. QUOTE

I never said he was affiliated. He was a fellow dancer who had a long term relationship with them- Many of the dancers in the group have been coming regularly and diving regularly and have such a long term relationship. I myself was on the road to having a long term relationship with them.

I had not been talking up my experiences during that week. Apparently he
had been. It was only at the end of the week that he revealed himself to me by intruding on my dinner table conversation.
His words were almost identical to the words Michelle used when I spoke to her a number of days earlier. The only difference was that she used the words "dance step" and he used the words "dance move"

The only way he could do this was because he was put up to it by the OP.
Since he wasn't there, and claimed authoritatively that he knew, in my book that makes him a stooge.
Martha

PS To all-
Please forgive this sudden spate. I just got back from two weeks in Egypt
(unfortunately not a dive trip) and I'm catching up.