“Duty of Care” when taking others on personal vessel, to dive

[Wookie]

"Inference" is a fun term, in court......what if you owned the dive op? Hypothetically? Would you fill the cylinder?

I owned a multi million dollar dive op in South Florida for many many years. Not hypothetically, for reals.

I filled anyone's O2 cylinder that came asking, as long as the cylinder was in hydro.

Now I work for a lawyer defending dive shops against frivolous lawsuits. He has never lost a SCUBA case.

 

[Sea_Jay]

I owned a multi million dollar dive op in South Florida for many many years. Not hypothetically, for reals.

I filled anyone's O2 cylinder that came asking, as long as the cylinder was in hydro.

Now I work for a lawyer defending dive shops against frivolous lawsuits. He has never lost a SCUBA case.

Then we probably know each other lol

Interesting on the latter

 

[NW Dive Dawg]

Now I work for a lawyer defending dive shops against frivolous lawsuits. He has never lost a SCUBA case.

Wow......unless he's a brand new attorney with very few cases, that's one heck of a record! Knowing that the majority of lawsuits never go to a win/loss scenario........has he ever "settled" a SCUBA case?

 

[Wookie]

Wow......unless he's a brand new attorney with very few cases, that's one heck of a record! Knowing that the majority of lawsuits never go to a win/loss scenario........has he ever "settled" a SCUBA case?

Indeed he has, because sometimes that’s what the client desires.

If you’re asking if our clients ever paid out, I don’t know 100%, but I believe the answer is no.

 

[Eric802]

I explained to the ringleader of the group that they had no right to access 100% O2, which subsequently turned into an argument.

I'd be interested in seeing the legal precedent for anyone having a "right" to access pure oxygen. You could have all the certs you want/need and if some shop doesn't want to fill your tank, you don't have a "right" to have it filled.

"Right" in this context comes with some rather hefty legal baggage.

 

[NW Dive Dawg]

I'd be interested in seeing the legal precedent for anyone having a "right" to access pure oxygen. You could have all the certs you want/need and if some shop doesn't want to fill your tank, you don't have a "right" to have it filled.

"Right" in this context comes with some rather hefty legal baggage.

Everyone has a right to pure oxygen.......but everyone also has a right to not sell you their pure compressed oxygen.

It is interesting that compressed 100% O2 is handed routinely to millions of seniors, including those with alzheimer's and dementia.

 

[agilis]

The FDA considers pure Oxygen a prescription drug requiring a health care script before dispensing for medical purposes. It appears that its use for diving is not considered medical purpose, though it is obviously used for divers in distress.

 

[Sea_Jay]

The FDA considers pure Oxygen a prescription drug requiring a health care script before dispensing for medical purposes. It appears that its use for diving is not considered medical purpose, though it is obviously used for divers in distress.

Also something to be said for "aviation-grade oxygen" which is the same gas, with different rules regarding processing of the gas & handling of the cylinder. No script required.

 

[agilis]

Also something to be said for "aviation-grade oxygen" which is the same gas, with different rules regarding processing of the gas & handling of the cylinder. No script required.

Although it was many years ago, I was able to purchase medical grade oxygen for transporting marine reef fishes from the Caribbean to the states.

 

[Diver BDT]

Doesn't it totally suck that a guy with a boat.....like me, can't just go diving with his trusted buddies without worrying about who is going to sue who?

I do it. I don't charge anything. My friends just throw in on fuel costs and always help with clean-up....etc.

It really sucks that liability would ever be a concern.

PS..... Lawyers are welcome on my boat as long as they have at least 60-70 lbs of lead to make sure they can easily descend

I do it. I don't charge anything. My friends just throw in on fuel costs and always help with clean-up....etc.

This is boat for hire as far as coastguard is concerned