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Ah, but once he returns to the surface, he is no longer a diver and is a person overboard. I can show you the last Admiralty Law case that Horizon's lawyer lost trying this defense if you'd like.I truly see their point. In fact, I agree with it. Once you leave the taxi, they are not responsible for your safety, even if they wait for your return.
But for the record, I don't think the results of this case and the results of the Becky Bryson case will be the same.