Safety Information is sometimes lacking...

Please register or login

Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.

Benefits of registering include

  • Ability to post and comment on topics and discussions.
  • A Free photo gallery to share your dive photos with the world.
  • You can make this box go away

Joining is quick and easy. Log in or Register now!

In court cases safety procedures are far more important that safety preparations, as long as all regulations are met.

Thalassamania,

I agree that safety procedure is of paramount importance in a court of law, but the burden of proof for negligence is not simply based on the improper adherence to nor improper application of procedure. An aggressive plaintiff's attorney will go for the jugular and question every little minutiae pertaining to any and all maritime regulation and safety/dive medicine protocol deviation. Specifically, they will be looking for deviation from the industry standard and if we as divers insist the standard be elevated, then we all stand to gain the benefits in the future.

Garv
 
Garv,

The reality in court is that it is rather hard for the plaintiff to establish a new standard of practice in the community. For example, how difficult do you think is would be to destroy a case based on the idea that a dive boat should be carrying a chamber? Most of the experts (and we're not all ladies of the evening) would line up against that as would most of the documents that are out there. You need to meet all USCG regulations, you should meet all agency, trade group and DAN recommendations, but there is gray area, for example: is it standard of practice in the community to carry an AEG? That's gonna be an arguable one and part of the question will be what community?
 
Sambolino,

Are you saying my observations are ridiculous? ...

Garv

Not at all! I think your ideas have merit. I was just saying that I don't expect the information to be offered without asking for it.

... if we as divers insist the standard be elevated, then we all stand to gain the benefits in the future.

Garv

This is true, but it is not without limit. What I mean is, we all benefit only if the standard we elevate to is useful. Adding extra burden and expense beyond what is adequate benefits no one. Now, how we as a community decide what is useful and adequate is the question. You and I apparently disagree on this, but having the discussion is important, and I certainly never intended to imply I thought your post was ridiculous. In fact, thank you for starting the discussion!
 
Not at all! I think your ideas have merit. I was just saying that I don't expect the information to be offered without asking for it.

Sambolino:

Please re-read the op. I did ask for it and their response was minimal information articulated to me in a rude, condescending fashion. The operator was clearly upset with the question. If they don't want to answer a direct safety question or if questions such as mine irritate them, then they should consider posting answers under FAQ on their web site.

I do expect a professional outfit to be forthcoming with pertinent information. It is not a big deal, really it is not. Simply post a note about the scuba related safety stuff on a web site. I guess I'll have to agree to disagree with you. :)

Garv
 
This is true, but it is not without limit. What I mean is, we all benefit only if the standard we elevate to is useful. Adding extra burden and expense beyond what is adequate benefits no one. Now, how we as a community decide what is useful and adequate is the question. You and I apparently disagree on this, but having the discussion is important, and I certainly never intended to imply I thought your post was ridiculous. In fact, thank you for starting the discussion![/QUOTE]

Sambolino:

I never said nor inferred raising the "standard" without limit. And to what added "extra burden and expense beyond what is adequate" are you referring? It costs nothing to add a simple, non-graphic text page to a web site. And who defines what is adequate? Our society now recognizes smoking is unacceptable, but only a few short years ago it was acceptable everywhere. Things change, ideas effect change and as our society marches toward improved safety cognizance - for better or worse - the recreational dive industry should take note.

Garv
 

Back
Top Bottom