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As we pointed out in the spring 2013 edition of the Alert Diver, even being a dive buddy has potential legal implications. So, to bump this up a notch, what about the diver training organisations themselves? Where do they stand? How do they relate to South African law? Are they all considered the same under our legal system in spite of the differences in organisational structures and training programmes? How does this affect their respective instructors and trainee divers from a legal perspective? These are not exactly simple questions. It is certainly true that the respective training organisations differ in a number of ways. However, this does not imply that there are necessarily differential legal implications for each of them. In fact, under South African law, the legal principles are common in all matters. Therefore, if you suffer a loss and you (or your estate in the case of a fatality) wish to recover damages, the legal principles would be applied commonly; whether you are driving or diving. Although not a frequent occurrence, there have been quite a number of law suits associated with diving injuries and damages in South Africa. This is not surprising, as the occurrence of law suits is really a function of “numbers”. As training increases, so do the chances of injuries and, with it, the chances of legal recourse. So, it remains wise to insure yourself, your equipment or your business in a proper and effective way. But before getting back to the potential differences amongst the training agencies, let’s first explore the foundational legal principles on which any civil claim would be adjudicated: inherent risk, negligence and duty to take care.

As we pointed out in the spring 2013 edition of the Alert Diver, even being a dive buddy has potential legal implications. So, to bump this up a notch, what about the diver training organisations themselves? Where do they stand? How do they relate to South African law? Are they all considered the same under our legal system in spite of the differences in organisational structures and training programmes? How does this affect their respective instructors and trainee divers from a legal perspective? These are not exactly simple questions.
It is certainly true that the respective training organisations differ in a number of ways. However, this does not imply that there are necessarily differential legal implications for each of them. In fact, under South African law, the legal principles are common in all matters. Therefore, if you suffer a loss and you (or your estate in the case of a fatality) wish to recover damages, the legal principles would be applied commonly; whether you are driving or diving.
Although not a frequent occurrence, there have been quite a number of law suits associated with diving injuries and damages in South Africa. This is not surprising, as the occurrence of law suits is really a function of “numbers”. As training increases, so do the chances of injuries and, with it, the chances of legal recourse.
So, it remains wise to insure yourself, your equipment or your business in a proper and effective way. But before getting back to the potential differences amongst the training agencies, let’s first explore the foundational legal principles on which any civil claim would be adjudicated: inherent risk, negligence and duty to take care.

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STEPHEN FRINK<br />

STEPHEN FRINK<br />

Reduce your risk of a gear-related incident<br />

with a few simple steps: take two breaths<br />

from your regulator on the surface while<br />

watching your gauge, test your power inflator<br />

before entering the water, and make sure<br />

your tank valve is always either fully open or<br />

fully closed.<br />

was at least 1,200 psi in my tank. I signaled “out of<br />

air” to my buddy and used her alternate regulator.<br />

We made a controlled ascent to the surface, and I<br />

was not injured. Upon inspecting my gear I realized<br />

that instead of turning on my tank all the way and<br />

then half a turn back, I had turned it all the way off<br />

and half a turn on. Upon descending below 33 feet<br />

I experienced inadequate air-pressure delivery from<br />

my tank to my regulator because the tank was barely<br />

on and could not continue to deliver the same volume<br />

of air at the increased ambient pressure.<br />

Together these two incidents highlight how to avoid<br />

most gas-supply problems. First, make sure your valve<br />

is all the way open or all the way closed. The days<br />

when divers needed to turn the valve back a quarter<br />

turn are long behind us. Second, and this is essential<br />

for diving safety, every diver should look at his or her<br />

SPG while taking two breaths just before entering the<br />

water. If your tank is turned off or you are wearing an<br />

empty tank, then as long as your valve is all the way<br />

open or all the way closed you will be able to tell if you<br />

are good to go by taking a couple of test<br />

breaths. If the needle drops, then your valve<br />

is closed, but if it stays still in the full zone,<br />

then you should have adequate gas supply to<br />

enter the water.<br />

Buoyancy problems, although not reported to DAN<br />

as frequently as gas-supply problems, may still be<br />

common. Most are easily avoided by following these<br />

three simple tips:<br />

• Always test your power inflator before you enter<br />

the water. If it is going to stick, then this is when it<br />

is most likely to do so.<br />

• Always check that you can orally inflate your BCD<br />

before entering the water in case you need to do<br />

so in an emergency.<br />

• Look at your weight-removal system. If you are<br />

using unfamiliar equipment, make sure you know<br />

how to drop your weights, if needed. If you are<br />

shore diving on a calm day, consider a quick<br />

practice weight drop while floating on the<br />

surface in 4 feet of water.<br />

Keep in mind these few simple tips to prevent<br />

the equipment problems most commonly reported<br />

to DAN: Make sure your tank valve is fully open<br />

or closed, and familiarize yourself with your BCD<br />

and weight-removal system before<br />

For more tips and incidents<br />

reports, or to report a diving<br />

incident, visit DAN.org/<br />

diving-incidents.<br />

diving with them. By following these<br />

suggestions, you can avoid many rare<br />

but potentially serious equipment<br />

problems. <strong>AD</strong><br />

ALERTDIVER.COM | 109

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