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AD 2016 Q2

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.

PARTING SHOT LARVAL CUSK

PARTING SHOT LARVAL CUSK EEL Kailua-Kona, Hawaii, USA By Jeff Milisen 8th Place We spotted this larval cusk eel on a blackwater dive off Kona. These eels have many adaptations to help them survive to adulthood, including fin spines that increase their surface area to help keep them from sinking into the abyss, a transparent body that makes them harder to see and an external stomach to promote nutrient consumption and enable this little alien to grow as fast as possible. Eventually it will grow to about 18 inches long and live on the slope of the Big Island between 650 and 2,300 feet. Canon EOS Rebel T1i, Canon 60mm macro lens, 1/160 sec @ f/10, ISO 200, Ikelite DS51 strobes (2), Light and Motion 2000 lumen video lights (2), Ikelite housing; MilisenPhotography.yolasite.com 112 | SPRING 2016

The Reef Explorer Challenge. Sound the trumpets. Dive at least one designated reef in each of the five regions in The Florida Keys, and you’ll receive a poster certifying that you’re an official Florida Keys Reef Explorer. Whether you’re a novice or experienced diver, it never hurts to toot your own horn. fla-keys.com/diving ISLAMORADA KEY LARGO KEY WEST BIG PINE KEY & THE LOWER KEYS MARATHON Marina Del Mar Resort & Marina, Key Largo Pet friendly rooms & suites on deep water marina. Free light continental breakfast. 800-451-3483 or 305-451-4107 marinadelmarkeylargo.com Dive Key West, Inc. Keys’ Premiere Dive Center. Our 45th year. Dive “The Vandenberg”! Custom dive and lodging packages. 800-426-0707 or 305-296-3823 divekeywest.com Florida Keys Dive Center, Islamorada PADI 5 star CDC. Diving REEFS & WRECKS of Key Largo, Islamorada & Pennekamp Park. 800-433-8946 or 305-852-4599 floridakeysdivectr.com Key Largo Cottages @ Key Lime Sailing Club FREE kayaks, bicycles, sailing, fishing, snorkel, sunset sail with cottage $175 NT. 305-451-3438 keylimesailingclub.com Hall’s Diving Center & Career Institute, Marathon Beautiful Wreck and Reef diving. Lessons for starters and Career Training for professionals. Great fun at Hall’s. Come see us. 800-331-4255 or 305-743-5929 hallsdiving.com Amy Slate’s Amoray Dive Resort, Key Largo Waterfront rooms, pool, beach, scuba, snorkel instr. & boat charters. 3nts/2dive pkg from $345 ppdo 305-451-3595 or 800-426-6729 amoray.com Key Largo Bay Marriott Beach Resort Escape to paradise featuring endless blue skies, fishing, diving and more! 855-410-3911 keylargobaymarriott.com

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