07.04.2018 Views

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.

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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medications such as meclizine<br />

or scopolamine are not effective<br />

with MdDS. Instead, clonazepam,<br />

benzodiazepines or amitriptyline<br />

may be beneficial. Additionally,<br />

light physical activity such as<br />

walking or yoga, taking naps,<br />

and possibly acupuncture may<br />

help strengthen the vestibular<br />

system.<br />

Resources for additional<br />

information include the National<br />

Institutes of Health, the National<br />

Organization for Rare Disorders<br />

and the MdDs Balance Disorder<br />

Foundation.<br />

— Frances Smith, EMT-P, DMT<br />

a recent DAN<br />

article about exercise<br />

Q:In<br />

and diving, I read<br />

the following:<br />

Intense physical activity —<br />

generally with substantial<br />

muscular forces and joint<br />

loading (the application of<br />

forces on joints) — is believed to<br />

transiently increase micronuclei<br />

activity, the presumed agent of<br />

bubble formation.<br />

Are these micronuclei<br />

preexisting? Where do<br />

micronuclei come from, and how<br />

are they formed or created?<br />

A:<br />

The source point for<br />

bubble formation is one<br />

of the great mysteries in<br />

diving science. We know that<br />

bubbles form at relatively low<br />

gas supersaturations, suggesting<br />

some biological facilitation of the<br />

process, but we do not yet have<br />

the imaging tools to see the initial<br />

formation. This technology will<br />

come, but it’s not available yet.<br />

Other methods to identify the<br />

sites of formation also continue.<br />

Micronuclei may comprise<br />

multiple structures. Whatever<br />

they are, they are preexisting, and<br />

their activity of facilitating bubble<br />

formation can be influenced<br />

by acute events (most notably<br />

recent pressure excursions that<br />

act as preconditioning to alter<br />

the responsiveness). Altered<br />

responsiveness appears to be<br />

transient, indicating a dynamic<br />

state or ongoing replacement. If<br />

you want to see micronuclei in<br />

action, look at a glass of beer. You<br />

can often see streams of bubbles<br />

originating from apparently<br />

singular points on the side of<br />

the glass. These points are often<br />

associated with defects in the glass,<br />

effectively small cracks within<br />

which micronuclei formation<br />

points exist. It is thought that<br />

the micronuclei are lodged in the<br />

cracks and act to crank out bubble<br />

after bubble. Even if this cannot<br />

provide all the answers, it can<br />

make for a pleasant interlude if<br />

you enjoy beer.<br />

Ultimately, we can see bubbles<br />

best in the vascular system, and<br />

we have a good idea when they<br />

develop and what effects they can<br />

have. When we are vague on the<br />

specifics of the actual formation,<br />

it is an honest acknowledgment of<br />

understanding yet to come. <strong>AD</strong><br />

— Neal W. Pollock, Ph.D.<br />

RICHARD RUDISILL/ISTOCKPHOTO.COM<br />

DIVE INTO<br />

THE BLUE<br />

With our world<br />

renowned dive crew;<br />

explore wrecks, reefs<br />

and marine life.<br />

Tel: (242) 373-1244<br />

Freeport, Grand Bahama<br />

Near The Port Lucaya Marketplace<br />

unexso @unexsobahamas<br />

ALERTDIVER.COM | 57

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