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My license does not permit me to practice law in Florida, so I am not giving legal advice. Even if you were in California, I would not give you legal advice unless you were my client pursuant to the terms of a written retainer agreement. In that event, I would require payment for my legal...

You make good points. Perhaps a bit utopian, but good points. Since I like your thought processes, let me ask: If, at the beginning of a dive, you thumbed the dive, would your buddy (the one about whom you write) stick with you until you were back on the boat? (Yes or no) Everyone is invited...

Let me be more clear. I'm referring to lawyers representing plaintiffs. BTW, there is a California case where a waiver was ruled to be inapplicable because it was in a section of the gear rental agreement entitled something like "Multi-day and Boat Rentals." The diver was renting the gear for...

Respectfully, it might seem reasonable to you, but how about to a jury? Divers are taught to follow their training. Is it reasonable to disregard they're training vis-a-vis staying with their buddies? ---------- Post added January 19th, 2014 at 07:30 AM ---------- 1. Have you ridden at...

An insta-buddy or someone with whom you are paired will likely be found to be a dive buddy. Possibly correct. An agreement is likely to be implied by a court. If you'd do it fit an agreed or regular buddy, you will be expected to do it for an insta-buddy. ---------- Post added January 19th...

Im going to comment as I read and the thought strikes me. Sorry for any redundancy. There is a good chance the a court would find you were buddies. if you agree there is a greater chance of being found to be buddies. a jury could conclude this from other circumstances, such as people seeing...

The first step in any analysis of potential liability in tort is whether there is a duty of care. If there is no duty of care, there can be no liability. If there is a duty of care, one must look at whether a defendant's conduct fell below that of a reasonably prudent person. Judges determine...

I'm mostly in agreement. But, I take exception about gas planning as it relates to deco obligations. Consider the following dive plan: A diver is diving air. The first dive is 60 fsw for 45 min followed by a SI of 60 min. The second dive is 50 fsw for 40 min followed by another SI of 60 min...

I'm still not ready to present my thoughts, but some new posts have been made since I started typing my last one. Assuming that there is not already a duty of care because of some prior act or omission, the law in most English speaking jurisdictions is that even if one has no duty, once they...

Wow. This is quite the can of worms. I will become involved in the discussion, but it will take some thought – more than I can give at the moment. For the moment, let me state: 1. If one dives with an instabuddy, be a buddy. Don't tell the instabuddy that you are going off on your own...

My friend spent ten day diving. He did multiple dives every day. When he got home, he exported the data from his dive computer, an Oceanic Pro Plus, to his home computer. Because he was exporting multiple dives he had to zip the files together to speed up the transfer. However, when it finished...

I just started reading this thread. I'm an attorney with at least some relevant knowledge and experience. Thus, a few observations: 1. The husband is unlikely to be paying by the hour. Rather, a case like this is usually done on a contingency basis. 2. That is a good thing as the case is a...

i must respectfully disagree. if you never accept the mi imum as good enough, it is not a minimum. How about: "Strive to exceed the minimum."

One must have a license to drive a car on public roadways. There are police officers on those roadways. There are other drivers on those roadways. Many of those other drivers have cell phones and can call the police and can easily report another driver if that other driver is not licensed. Hey...

1. I'm impressed you found this. 2. Even though it happened in my own back yard, I was not aware of it. 3. That wasn't my mishap.

I would hazard to say that one could learn a tremendous amount about gas management from books or online. Is there really anything about gas management that one could not learn from a book or online? I know the calculations are in books and online. I know the rule of thirds is in books and...

A thought on training: One can learn most anything from books or online if one is motivated. However only with training by a professional can one can get a degree of assurance they will be able to perform in the real world or at least be warned that they can't perform adequately.

Lets run a little challenge! Can anyone tell me what happened to me in May? It is all over several websites, including FB. And I'll give you a hint: it ended in a helicopter ride. If not, then it stands to reason no one who knew better may have known what these guys were doing.

1. If someone's bad choices may impact me, then it is on me to dissuade them. If I don't try, and I am impacted, I can't complain. 2. As far as the nanny state, the question is whether the state is protecting someone against their own bad choices or against being led into bad choices by someone...

I have not yet read the whole thread, but I just had to comment because it is so right.