OK, so let's solve the problem of people playing the "lawsuit protection" game by demanding C-cards, and quit driving the demand for the debasement of training.
Let's get diving defined as an "activity of agreed risk" in the law of the various states, and promote a uniform waiver (under statute) that absolutely bars such suits.
If such a waiver is signed, and a suit is filed anyway, the law can provide that all fees and costs of the person sued are recoverable from the person and counsel that bring the frivolous suit.
Poof - problem solved.
Now a landowner, boatowner, etc just must obtain a legitimately signed waiver from each participant. If they sign it, that's the end of the discussion. The only remaining debate is whether the person really did sign the waiver.
For these kinds of problems there are solutions.
There are activities that are inherently dangerous. Frankly, PADI and the rest do a good job of making the case that SCUBA is one of them - after all, you ARE intentionally putting yourself on life support to go in the water like this!
What 'ya think?
Let's get diving defined as an "activity of agreed risk" in the law of the various states, and promote a uniform waiver (under statute) that absolutely bars such suits.
If such a waiver is signed, and a suit is filed anyway, the law can provide that all fees and costs of the person sued are recoverable from the person and counsel that bring the frivolous suit.
Poof - problem solved.
Now a landowner, boatowner, etc just must obtain a legitimately signed waiver from each participant. If they sign it, that's the end of the discussion. The only remaining debate is whether the person really did sign the waiver.
For these kinds of problems there are solutions.
There are activities that are inherently dangerous. Frankly, PADI and the rest do a good job of making the case that SCUBA is one of them - after all, you ARE intentionally putting yourself on life support to go in the water like this!
What 'ya think?