Question re Death This Week in SoCal ...

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because no one wants to hold the captain to a standard of care that requires him to inquire as to a solo diver's ability
Just for the record, I thought I'd been pretty clear that I certainly could see holding the operator liable for permitting the diver to go solo -- which is different from say the operator IS liable in this case.
 
Interesting responses to my original post ...

1. It seems like the popular response to my first question is: no, the dive boat captain should not be held legally liable.

2. Conversely, the general consensus regarding my second question is: no, if it was my boat, I would not let a diver with 14 dives jump off solo.

It is a tough issue and the result is exactly as I anticipated ... contradictory and without resolution.

:)


This is ScubaBoard...where contradictions without resolutions are the norm :D
 
... What if this person then decide to sue the boat captain and the charter service for discrimination?
[FONT=Arial, Helvetica, sans-serif]To sue for discrimination I believe that you must be a member of a protected class. Protected classes are defined by race, gender, national origin, religion, age and disability, not the desire to dive solo, at least the last time I checked ... though things might be that wierd in Southern California.
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I did not post that dumb discrimination question attributed to me above by fnfalman. It is a ridiculous question ...
 
Question #1. No, the Idiot decided to dive alone a mew diver. (insert Darwin award) The captin did not make this guy dive alone, He wanted to.
Question #2. on my private boat I would not allow it. I let experienced divers and my self go solo all the time (same day same ocean, I have a buddy somewhere), but not a noob. I can always threaten to leave them there if they do something i do not like. On a commercial vessel. Yes, He signed a waver. I would strongly urge agents it but i can not control another adult.
 
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