6 months ago

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.


PARTING SHOT By Clark Miller AQUATERRAIMAGERY.COM Adriana Basques and I have been working on a photographic technique we call wideangle mixed fluorescent photography. Wide-angle fluorescent photography requires a lot of light, typically four or more light sources. One method of shooting fluorescence is to use high-powered LED video lights with filters, but most video lights (except for very powerful and expensive LED lights) have insufficient power to bring out fluorescence because of the filters used. This leads to turning up the ISO to a point that introduces too much noise. However, strobes with properly fitted diffusers can do the same thing but with significantly more instant light. The ISO can remain much lower, and noise can be kept to a level that can be addressed in postprocessing. We use a variety of colored lens filters and strobe light diffusers to shut out specific wavelengths of light and capture the florescence. With the right amount of light and careful postprocessing of the RAW image, it is possible generate significant fluorescence and reveal a variety of colors. There is no one way to accomplish this, and the process continues to be a fascinating experiment. AD 116 | FALL 2015 EQUIPMENT: Canon EOS 5D Mark III, 8-15mm fisheye lens at 15mm; amber filter; Sea and Sea YS-120 strobes (2) and YS-D1 strobes (2) with specially fabricated prototype blue CM dome diffusers; Aquatica housing with 9-inch glass megadome SETTINGS: 1/60 sec. @ f/5, ISO 640 LOCATION: Liberty wreck, Tulamben, Bali

Jacques de Vos South Africa At the end of 2007 while enjoying ‘days off’ from his position as an engineer in the oilfield services, Jacques de Vos was inspired by his scuba instructor (also a talented underwater photographer) to purchase his first underwater compact camera and Ikelite housing. Since then he has qualified as a SCUBA instructor and Commercial Diver, and upgraded through numerous camera systems. He now shoots both stills and video and has developed the skill set to do all of this while freediving. Follow your vision... Find an Authorized Ikelite Dealer at

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