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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HOW TO SAY THANKS<br />
MIKE BARTICK/SALTWATERPHOTO.COM<br />
for example. Most guides will know such behavior is<br />
wrong and won’t be tolerated by their clients, but a<br />
fine line separates engagement and harassment. Each<br />
guide will have his or her own standards regarding this<br />
practice; a simple tap on the hand or a grunt will alert<br />
the guide that enough is enough and it’s time to move<br />
on. Praising your guide topside for being gentle is a good<br />
practice for promoting a more eco-friendly approach to<br />
the hunt. A compliment is much more powerful than a<br />
complaint; remember you’re a team and need to work<br />
together — mutual respect can go a long way.<br />
Nearly all dive photo guides now carry a “muck<br />
stick” to use in a variety of ways in the pursuit of<br />
different subjects. Pushing aside algae or tickling the<br />
foot of a crinoid with his stick, a guide can move<br />
quickly around a dive site, probing and searching.<br />
To some divers this activity might seem a bit heavyhanded<br />
or intrusive, but in the right hands a muck<br />
stick can be just the opposite. Some guides will carry<br />
several differently sized sticks, zip ties, a small piece<br />
of monofilament line or, my favorite, a chopstick. All<br />
of these can be used to tickle a subject, encourage<br />
movement or stabilize a diver without destroying<br />
habitat or unduly disturbing a subject.<br />
COMMUNICATION ABOVE AND BELOW<br />
Communicating effectively above the waterline will<br />
increase efficiency below, where time is limited, thus<br />
improving your ability to collaborate with your guide<br />
and subjects. Occasionally your bottom time will be<br />
consumed searching for a specific subject, so when it’s<br />
finally located it’s important to be ready — relax and<br />
concentrate on working the subject with your guide.<br />
Some of the most productive dive sites tend to<br />
be the busiest, so it’s also important to learn how to<br />
• Give a cash tip in the local currency. (Follow resort protocol<br />
in terms of when and how to give a gratuity.)<br />
• Share proceeds or a contest prize.<br />
• Tell the resort management how much you appreciated<br />
your guide.<br />
communicate with your guide underwater. Some<br />
guides use a honker, shaker or tank banger to signal<br />
their guests. Unfortunately these approaches also signal<br />
everyone else on the dive site, and a photo melee may<br />
ensue. A quieter method will allow guide and diver to<br />
move around a site and attract very little attention, even<br />
among a crowd, while still communicating with each<br />
other. A low-pitched grunt and a few hand signals can<br />
say it all. To further maximize your bottom time, try<br />
to arrange for a low guest-to-guide ratio or, better yet,<br />
private one-on-one excursions. Many resorts will offer<br />
such services at a premium, and the results generated<br />
may be well worth the added cost.<br />
CRUSTACEANS AND NUDIBRANCHS<br />
Ornate colors and interesting body structures are just<br />
a few of the reasons why crustaceans and nudibranchs<br />
are desirable photo subjects. But finding them isn’t<br />
as easy as you might think. Tiger shrimp, harlequin<br />
shrimp, hairy shrimp, bumblebee shrimp, boxer crabs<br />
and many of the light-sensitive nudibranchs don’t<br />
just sit on top of the reef. Finding these subjects may<br />
require searching through rubble and dead coral, for<br />
example. A guide who knows where to look and how<br />
to photograph these animals can be much less intrusive<br />
than a diver who digs into fragile habitat without<br />
knowledge of the area.<br />
Using your field ID book as a wish list, poll your<br />
resort’s guides: Ask what they are good at finding<br />
or what is seasonal, and let them know if there is a<br />
particular subject that you would like to see. Chances<br />
are good that something special might come to mind,<br />
which always adds excitement to a dive.<br />
Many guides who live in remote regions of the world<br />
have dedicated themselves to diving, sometimes despite<br />
local pressures to fish or collect. Their knowledge of the<br />
local marine life can be extraordinary, and their insights<br />
about behaviors can be remarkable even in the absence<br />
of formal education. Many guides have been responsible<br />
for discovering new marine animals.<br />
The close working relationships of divers and photo<br />
guides can forge lifelong friendships and create incredibly<br />
rewarding and enjoyable life experiences. It is hard to<br />
match the pure elation of finding a wish-list subject,<br />
discovering something new together or showing a diver a<br />
subject he has traveled thousands of miles to see. <strong>AD</strong><br />
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