Reponsibility of a dive charter boat??

[BHB ScubaTroll]

Theresa, I want to thank you personally as well!

You took valuable time to research, post and answer questions here (no small feet at lawyers fees :grin )

This has turned out to be one the most educational threads I have seen in SB, and it is all your fault
irate5:

 

[Boatlawyer]

Thanks for the response.

Your quote above...
This idea has floated for some time. It rises and falls every so often. In the 70s when "Average" people sought certification, this was the call

In the 80s when dive shops popped-up quickly and certified almost anyone, this was the call

In the 90s when certifying orgs dropped certain standards, this was the call
===

I do believe the industry will change in the next decade with some swing back toward the pre 90s standards in order to stop gushing unqualified divers. But, that won't happen until legislation makes it easier for the organizations to lose money

I remember learning to free dive at the Underwater Explorers Club in Freeport, GBI, where my father was a member and diver in the 60's, right when Jacques Cousteau brought recreational diving to the masses. Daddy would throw us on a reef with a tank and a snorkel. My brother and I would flip a coin and the loser would have to wear the tank because wearing it would push us up on the fire coral if we weren't careful. Didn't know a thing about bc's then!

I generally feel that we all have the God-given right to engage in dangerous sport that may kill us. But the more I read, and particularly, the more people I dive with, convinces me that people are not taking adequate precautions. Is it a matter for legislation? Probably not, at least not in a nation where there are people that won't take responsibility for downsizing their french fry orders on their own. But, THAT is a whole other rant!

 

[BHB ScubaTroll]

... I generally feel that we all have the God-given right to engage in dangerous sport that may kill us. But the more I read, and particularly, the more people I dive with, convinces me that people are not taking adequate precautions. Is it a matter for legislation? Probably not, at least not in a nation where there are people that won't take responsibility for downsizing their french fry orders on their own. But, THAT is a whole other rant!

Careful, you are bordering on conservative values.... How would that look on a lawyer

 

[Boatlawyer]

Theresa, I want to thank you personally as well!

You took valuable time to research, post and answer questions here (no small feet at lawyers fees :grin )

This has turned out to be one the most educational threads I have seen in SB, and it is all your fault
irate5:

Thanks, Cool. Actually, I think we owe JVIEHE some thanks too (even though he doesn't know jack about the practice of law ). He is in the IT department of the Florida Bar who recently made available to its members Florida case law research at no charge. This makes it very easy to research an issue even when I don't have a client to bill to!

One of my first assignments as a clerk at a large law firm was to write an appropriate "peril" warning. We representing a fast food chain who was sued when a worker had a chicken fryer explode and one of the claims was that the client had failed to place an adequate warning on the fryer as to what would happen if you opened a pressure cooker full of hot oil without letting it cool. After reviewing the case law at that time, I believe my warning went something like:

WARNING- Improper Operation will result in serious personal injury, including but not limited to, slow, painful death, agony beyond mortal comprehension, melting flesh, boiled eyeballs, seared hair, webbed fingers, freakish scarring, ridicule, shame, reduced job opportunities, non-existent social life, crooked teeth, poor self-esteem.

I don't recall how the client decided to handle it, but I believe my supervising attorney edited the warning heavily.

So, I had a little head start on the peril issue and on exculpation as there were some issues in that case. At that time there was public policy against absolving oneself from gross negligence. That has apparently changed in the 1st Circuit, at least.

 

[Boatlawyer]

Careful, you are bordering on conservative values.... How would that look on a lawyer

Dude, I've been a Republican Party Reptile since the Reagan years. There are a few of us, else how would Pres. Bush have "stolen" the Florida election!

 

[CBulla]

AH! The KFC warning!

BTW - very informative thread! I've been lurk-reading it and gleaning some info to stash for future use.

 

[BHB ScubaTroll]

Dude, I've been a Republican Party Reptile since the Reagan years. There are a few of us, else how would Pres. Bush have "stolen" the Florida election!

"stolen", huh... managed to placate Palm Beach County with that one....

Pardon me. I need to renew my NRA membership right now.

 

[pir8]

Any chance ya could sum that all up so the rest of us could read and understand that?

 

[BHB ScubaTroll]

Any chance ya could sum that all up so the rest of us could read and understand that?

Sure!

Sign a release and get on the dive boat!

Unless you can prove what ever happened is due to faulty maintenance of the vessel, or you get hit by the vessel, it's your fault and you have no recourse

 

[pir8]

"stolen", huh... managed to placate Palm Beach County with that one....

Pardon me. I need to renew my NRA membership right now.

Get a Life membership, no need to renew.