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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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BENT-KNEE SCISSOR HAMSTRING STRETCH<br />

You will feel this stretch higher in the hamstring of your front leg.<br />

1. Step your right foot further forward than in the last stretch.<br />

2. Place your hands on your hips.<br />

3. Bend your right knee.<br />

4. Make sure your weight is in your heel, not your toe.<br />

5. Keep your chest up and shoulder blades down and back.<br />

6. Flex forward, folding at your hips as far as you can.<br />

7. Hold for 20 seconds.<br />

8. Repeat on the opposite side.<br />

Tip: Be sure to have your front foot far enough forward to keep your<br />

knee behind your toe. You can hold onto a secure surface such as a<br />

chair or wall for balance.<br />

PIRIFORMIS STRETCH<br />

The piriformis muscle runs through the gluteal region. A tight<br />

piriformis can place pressure on the sciatic nerve, causing lowerback<br />

and leg pain. This stretch affects both the lower-back and<br />

piriformis muscles.<br />

1. Lie on your back with your knees bent.<br />

2. Place your right ankle on your left thigh.<br />

3. Pull your left knee toward your left shoulder.<br />

4. Hold for 20 seconds, and repeat on the opposite side.<br />

Tip: Make sure you are pulling your knee to your shoulder on the same<br />

side. Try to resist the tendency of the knee to drift toward center.<br />

DEEP PIRIFORMIS/HIP STRETCH<br />

1. Start on your hands and knees with your hands under your<br />

shoulders and your knees under your hips.<br />

2. Keeping your knees in place, swing both ankles to the right.<br />

3. Extend your right leg and step it over your left.<br />

4. Move your hips backward, sliding your right foot back and<br />

bringing your right shoulder toward your left knee.<br />

Tip: Try to keep your left foot from falling behind you. <strong>AD</strong><br />

NOTE: To avoid an increased risk of decompression sickness, DAN ® recommends that divers avoid strenuous exercise for 24 hours after making a dive.<br />

During your annual physical exam or following any changes in your health status, consult your physician to ensure you have medical clearance to dive.<br />

ALERTDIVER.COM | 33

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