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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.

DIVE SLATE AT THE

DIVE SLATE AT THE BOUNDARY OF CREATION THE Luxury LIVE- ABOARD of the Bahamas 1-888-327-9600 • www.bahamas.com/aquacat4 REEFS • WRECKS • CAVES • SHARKS • DOLPHINS • FRIENDLY STAFF • 1 ST CLASS FACILITY DIVE grand bahama WITH unexso Call 1-888-927-3481 Grand Bahama Island, Bahamas www.bahamas.com/unexso5 Clockwise from top left: The darkened control room of E/V Nautilus; the deep-sea octopus Graneledone boreopacifica spends its life in total darkness; Bob Ballard works with expedition leader Allison Fundis during a mission; Riftia tubeworms of the Tempus Fugit vent gain their energy from chemosynthesis; ROV Hercules can dive deeper than 13,000 feet to collect samples and stream HD video back to E/V Nautilus; E/V Nautilus that harness the hydrothermal buffet flowing past. Almost all organisms in this environment broadcast spawn their larvae into ocean currents, hedging their evolutionary bets that offspring will land near another flow if the parents’ vent fizzles out. Future exploration of the seafloor will continue to unveil new answers and new questions about the flexibility of this environment and life itself. As pilots guided the robots (and a rapt global audience) through the deep-sea ecosystem, Ballard cheered for the beautiful communities and remarked, “They won’t be here for long. All the wonderful vent sites we discovered in ’77, ’79 and 2001 have been completely destroyed by fresh lava. You’re living on borrowed time when you’re living at the boundary of creation.” JOIN THE NAUTILUS The expedition to the Galápagos Rift was one of 12 exploratory missions conducted by E/V Nautilus in 2015. Opportunities to sail aboard Nautilus are available for high school students, undergraduate and graduate interns, formal and informal educators and collaborating scientists. Learn more at oceanexplorationtrust.org. Anyone can join E/V Nautilus during missions via NautilusLive. org, 24 hours a day, 7 days a week. PHOTOS THIS PAGE: OCEAN EXPLORATION TRUST INC. 26 | FALL 2015

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