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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RESEARCH, EDUCATION & MEDICINE<br />
FROM THE MEDICAL LINE<br />
If your doctor approves your return to diving,<br />
request this approval in writing so you can provide<br />
documentation to dive operators, who will likely require a<br />
written statement before allowing you to dive.<br />
— Lana Sorrell, EMT, DMT<br />
a recent dive a buddy rolled backward<br />
into the water, and his tank valve hit me on<br />
Q:On<br />
the head. I saw a flash and was disoriented<br />
for a few seconds. I’ve been lightheaded and have<br />
felt a little out of it for the past few days. I’m<br />
guessing I should avoid diving for the time being;<br />
when will it be safe for me to get back in the water?<br />
are absolutely right to avoid diving for<br />
now. The primary concerns following a head<br />
A:You<br />
injury are lapses in consciousness and the risk<br />
of seizures. Even a brief loss of focus can lead to a loss<br />
of buoyancy control and a rapid ascent with potentially<br />
dire consequences such as pulmonary barotrauma<br />
or arterial gas embolism. Seizures underwater can<br />
cause loss of the regulator, loss of airway control and,<br />
ultimately, drowning. Seizures that occur out of the<br />
water are typically transient and manageable events;<br />
seizures that occur underwater are typically fatal.<br />
The Brain Injury Association of America classifies<br />
concussion (brain injury) as follows:<br />
Grade 1 Concussion (mild)<br />
• Person is confused but remains conscious.<br />
• Signs: Temporary confusion, inability to think<br />
clearly, difficulty following directions<br />
• Time: Symptoms clear within 15 minutes.<br />
Grade 2 Concussion (moderate)<br />
• Person remains conscious, but develops amnesia.<br />
• Signs: Similar to Grade 1<br />
• Time: Symptoms last more than 15 minutes.<br />
Grade 3 Concussion (severe)<br />
• Person loses consciousness.<br />
• Signs: Noticeable disruption of brain function<br />
exhibited in physical, cognitive and behavioral ways<br />
• Time: Unconsciousness lasts for seconds or minutes.<br />
62 | FALL <strong>2015</strong>
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