7 months ago

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.


THE MAGAZINE OF DIVERS ALERT NETWORK SPRING 2016 Publisher Editorial Director Managing Editor Director of Manufacturing and Design Art Director Graphic Designers Editor, Editorial Assistant DAN Executive Team Stephen Frink Brian Harper Diana Robinson Barry Rouxel-Berg Kenny Boyer Rick Melvin, Diana Robinson Diana Robinson Ani Govjian William M. Ziefle, President and CEO Panchabi Vaithiyanathan, COO and CIO Rachelle Deal, Vice President, Marketing Petar Denoble, Vice President, Mission VISION Striving to make every dive accident- and injury-free. DAN‘s vision is to be the most recognized and trusted organization worldwide in the fields of diver safety and emergency services, health, research and education by its members, instructors, supporters and the recreational diving community at large. Volume 32, No. 2 FOR SUBSCRIPTION OR MEMBERSHIP ASSISTANCE, PLEASE CALL +1-800-446-2671, OR EMAIL FOR ADVERTISING SALES, PLEASE CONTACT: Stephen Frink, National Sales Director,, +1-305-451-3737 Diana Robinson, Ad Services Manager,, +1-919-684-2948 Alert Diver (ISSN 1084-2985) is published quarterly (four times yearly) by DAN, Inc., 6 West Colony Place, Durham, NC 27705 USA. Alert Diver is a DAN membership benefit; memberships begin at $35 per year. Periodicals rates are paid in Durham, N.C., and other mailing offices. POSTMASTER: Send address changes to Alert Diver, Address Change, 6 West Colony Place, Durham, NC 27705 USA. CANADA POST Publication Mail Product (Canadian Distribution) Sales Agreement No. 40030231 DAN Department Managers Board of Directors Research, Education and Medicine Contributors This Issue Insurance: Robin Doles Medical Services: Dan Nord Member Services: Jeff Johnson Training: Patty Seery Inquiries or letters may be edited for clarity and length. All letters will be considered for publication. Letters may be sent to letters@dan. org or Editor, Alert Diver, 6 West Colony Place, Durham, NC 27705 USA. Text, illustrations or photographs in Alert Diver may not be reproduced or reprinted without the expressed consent of DAN, Inc., and its authors, artists and photographers. Alert Diver is printed in the USA. Alert Diver magazine’s printer is FSC ® certified, utilizing wellmanaged forestry and wastemanagement practices while using soy-based inks. Bill Anlyan, Sylvia Earle, Michael Lang, Wayne Massey, Joe Poe, Harry Rodgers, Lee Selisky, Doug Stracener, Kathy Weydig Peter Buzzacott, MPH, Ph.D. James M. Chimiak, M.D. Petar Denoble, M.D., D.Sc. Marty McCafferty, EMT-P, DMT Matías Nochetto, M.D. Neal Pollock, Ph.D. Frances Smith, EMT-P, DMT Scott Smith, EMT-P DAN is a NC nonprofit corporation. The DAN Foundation is a 501(c)(3) tax-exempt nonprofit corporation. ID#56-1696689 MISSION DAN helps divers in need of medical emergency assistance and promotes dive safety through research, education, products and services. Divers Alert Network ® (DAN ® ), a nonprofit organization, exists to provide expert medical information for the benefit of the diving public. DAN’s historical and primary function is to provide timely information and assistance for underwater diving injuries, to work to prevent injuries and to promote dive safety. Second, DAN promotes and supports underwater dive research and education, particularly as it relates to the improvement of dive safety, medical treatment and first aid. Third, DAN strives to provide the most accurate, up-to-date and unbiased information on issues of common concern to the diving public, primarily — but not exclusively — for dive safety. ALERT DIVER’S PHILOSOPHY Alert Diver ® is a forum for ideas and information relative to dive safety, education and practice. Any material relating to dive safety or dive medicine is considered for publication. Ideas, comments and support are encouraged and appreciated. The views expressed by contributors are not necessarily those advocated by Divers Alert Network. DAN is a neutral public service organization that attempts to interact with all diving-related organizations or persons with equal deference. Alert Diver is published for the use of the diving public, and it is not a medical journal. The use and dosage of any medication by a diver should be under the supervision of his or her physician. DAN does not sell, lease or trade its mailing lists. The appearance of an advertisement in Alert Diver does not imply endorsement by DAN of any product or service shown. Individuals who reply to advertisements in Alert Diver understand that they are volunteering their information to the advertisers and are, therefore, subject to that company‘s mailing policies. 4 | SPRING 2016

Dive Smarter With DAN Dive Accident Insurance Higher Limits, More Coverage. Even the safest divers must prepare for the unexpected. For greater coverage and other premium protections such as additional emergency medical transportation, home country medical evacuation and repatriation, search and rescue and medical expenses for select water sports, DAN’s Guardian Plan provides the highest level of dive accident insurance coverage. Explore with greater confidence knowing you have the protection of the Guardian. $500,000 Medical Expense Coverage For Dive Accidents $50,000 Medical Evacuation To Home Country $50,000 Search and Rescue Coverage $30,000 Coverage for Select Water Sports Including Boating & Sailing The Dive Accident Insurance is underwritten by The United States Life Insurance Company in the City of New York. Policies are issued by The United States Life Insurance Company in the City of New York (all states). The United States Life Insurance Company in the City of New York is responsible for the financial obligations of insurance products it issues and is a member of American International Group, Inc. (AIG) Coverage may vary or may not be available in all states. For residents of New York, please contact DAN member services. In Canada, this plan is underwritten by AIG Insurance Company of Canada.

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