AD 2015 Q4
This is the “not do” component. It is also somewhat harder to define. After all, who determines the duty to care and the non-compliance thereto in unique emergency situations? Still, this component is more likely to lead to a recovery of damages. Put differently, when you are under a legal duty to take reasonable care and you do not do it, then you could be held liable for damages that are directly caused by the breach of that duty. The key elements are “reasonable care” and “directly caused”. Let’s break that down, starting with directly caused. This means that the damages are linked directly to the failure to perform the reasonable duty. This is called a causal connection. In other words, there must be a connection between the duty not complied with and the damages. deep diving are so hazardous that it may well be better to only jeopardise the life of one individual rather than two. That is, of course, as long as no one is put at risk during the subsequent body recovery or rescue efforts! Well, as a qualified instructor and dive leader, I shall continue to teach and advocate the buddy system. I do not like the idea of diving alone anyway. I prefer to share the joys of diving with someone able to share the memories of the dive. To me, diving is, and remains, a team sport. Which introduces another consideration: How would the principle of duty to take care be applied to children who dive? Training agencies impose age and depth restrictions on children who enter the sport before the age of 14. Depending on the age and diving course, a child may be required to dive with an instructor or at least another adult dive buddy. If the adult were to get into trouble, the child would not be expected to meet the duty of care of another adult. He/she would be held to an age appropriate standard. What about all those waivers? As mentioned in the previous article, waivers define the boundaries of the self-imposed risk divers are willing to take by requiring that they acknowledge them. Waivers do not remove all the potential claims for negligence and non-compliance with a duty of care. As such, it is left to our courts to ultimately interpret the content of a waiver within the actual context of damage or injury.
This is the “not do” component. It is also somewhat harder to define. After all, who determines the duty to care and the non-compliance thereto in unique emergency situations? Still, this component is more likely to lead to a recovery of damages. Put differently, when you are under a legal duty to take reasonable care and you do not do it, then you could be held liable for damages that are directly caused by the breach of that duty. The key elements are “reasonable care” and “directly caused”. Let’s break that down, starting with directly caused. This means that the damages are linked directly to the failure to perform the reasonable duty. This is called a causal connection. In other words, there must be a connection between the duty not complied with and the damages.
deep diving are so hazardous that it may well be better to only jeopardise the life of one individual rather than two. That is, of course, as long as no one is put at risk during the subsequent body recovery or rescue efforts! Well, as a qualified instructor and dive leader, I shall continue to teach and advocate the buddy system. I do not like the idea of diving alone anyway. I prefer to share the joys of diving with someone able to share the memories of the dive. To me, diving is, and remains, a team sport. Which introduces another consideration: How would the principle of duty to take care be applied to children who dive? Training agencies impose age and depth restrictions on children who enter the sport before the age of 14. Depending on the age and diving course, a child may be required to dive with an instructor or at least another adult dive buddy. If the adult were to get into trouble, the child would not be expected to meet the duty of care of another adult. He/she would be held to an age appropriate standard. What about all those waivers? As mentioned in the previous article, waivers define the boundaries of the self-imposed risk divers are willing to take by requiring that they acknowledge them. Waivers do not remove all the potential claims for negligence and non-compliance with a duty of care. As such, it is left to our courts to ultimately interpret the content of a waiver within the actual context of damage or injury.
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IMAGING<br />
PHOTO TECHNIQUES<br />
MIKE BARTICK/SALTWATERPHOTO.COM<br />
MIKE BARTICK/SALTWATERPHOTO.COM<br />
MIKE BARTICK/SALTWATERPHOTO.COM<br />
guide. If you sense that your guide is<br />
excited about something or there is a<br />
subject he or she really wants to show<br />
you, then it’s certainly worth investigating.<br />
Many times that familiar tug on my<br />
fin afforded me an opportunity to see<br />
something completely off the charts. An<br />
opportunity to photograph something<br />
unusual can even arise through observing<br />
your guide’s body language underwater, so<br />
pay attention.<br />
THE TORCH, STAGING<br />
AND THE STICK<br />
One of a guide’s most valuable tools is<br />
his torch, which is used regularly to find<br />
subjects of all shapes and sizes during<br />
the day and at night. A strong light<br />
with a tight beam can scan algae, peek<br />
under coral heads, peer into crevices<br />
and scan the sandy bottom, perhaps<br />
prompting movement in an otherwise<br />
stoic or cryptic subject. This slight<br />
movement is often all that’s needed for<br />
a guide’s eyes to discover a subject. Liein-wait<br />
predators such as frogfish and<br />
lacy scorpionfish survive by remaining<br />
motionless and relying upon their<br />
camouflage to hide and hunt. To the<br />
untrained eye even these somewhat<br />
gaudy subjects can blend in perfectly<br />
with their habitat.<br />
Staging is a practice in which a guide<br />
assists a photographer in composing<br />
an image by encouraging the subject to<br />
move into a more photogenic position.<br />
Some resorts and photographers are<br />
ethically opposed to staged photos — for<br />
good reason — but it is naïve to assume<br />
staging doesn’t happen. It may be as<br />
benign as enticing an octopus to engage<br />
its curious nature or using a blade of<br />
seagrass to gently brush the subject, but<br />
it also might be egregious — puffing<br />
pufferfish or holding turtles underwater,<br />
Communicating with your guide can lead to some<br />
extraordinary finds and special photo ops such<br />
as (from top) magnificent shrimp gobies, a pinkeared<br />
sea mantis with white eggs, and Holy Grail<br />
subject Rhinopias.<br />
Opposite: Hairy shrimp are one of the most<br />
sought super-macro subjects in the Indo-Pacific.<br />
106 | FALL <strong>2015</strong>
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