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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.


THE MAGAZINE OF DIVERS ALERT NETWORK FALL 2015 Publisher Editorial Director Managing Editor Director of Manufacturing and Design Art Director Art Associate Graphic Designers Editor, Editorial Assistant Stephen Frink Brian Harper Diana Palmer Barry Berg Kenny Boyer Renee Rounds Rick Melvin, Diana Palmer Diana Palmer Ani Govjian VISION Striving to make every dive accident- and injury-free. DAN‘s vision is to be the most recognized and trusted organization worldwide in the fields of diver safety and emergency services, health, research and education by its members, instructors, supporters and the recreational diving community at large. Volume 31, No. 4 FOR SUBSCRIPTION OR MEMBERSHIP ASSISTANCE, PLEASE CALL +1-800-446-2671, OR EMAIL FOR ADVERTISING SALES, PLEASE CONTACT: Stephen Frink, National Sales Director,, +1-305-451-3737 Diana Palmer, Ad Services Manager,, +1-919-684-2948 Alert Diver (ISSN 1084-2985) is published quarterly (four times yearly) by DAN, Inc., 6 West Colony Place, Durham, NC 27705 USA. Alert Diver is a DAN membership benefit; memberships begin at $35 per year. Periodicals rates are paid in Durham, N.C., and other mailing offices. POSTMASTER: Send address changes to Alert Diver, Address Change, 6 West Colony Place, Durham, NC 27705 USA. CANADA POST Publication Mail Product (Canadian Distribution) Sales Agreement No. 40030231 DAN Executive Team DAN Department Managers Board of Directors Research, Education and Medicine Contributors This Issue Inquiries or letters may be edited for clarity and length. All letters will be considered for publication. Letters may be sent to letters@dan. org or Editor, Alert Diver, 6 West Colony Place, Durham, NC 27705 USA. Text, illustrations or photographs in Alert Diver may not be reproduced or reprinted without the expressed consent of DAN, Inc., and its authors, artists and photographers. Alert Diver is printed in the USA. Alert Diver magazine’s printer is FSC ® certified, utilizing wellmanaged forestry and wastemanagement practices while using soy-based inks. William M. Ziefle, President and CEO Panchabi Vaithiyanathan, COO and CIO Rachelle Deal, Vice President, Marketing Petar Denoble, Vice President, Mission Insurance: Robin Doles Medical Services: Dan Nord Member Services: Jeff Johnson Training: Patty Seery Bill Anlyan, Sylvia Earle, Michael Lang, Wayne Massey, Joe Poe, Harry Rodgers, Lee Selisky, Doug Stracener, Kathy Weydig James M. Chimiak, M.D. Petar Denoble, M.D., D.Sc. Marty McCafferty, EMT-P, DMT Matías Nochetto, M.D. Neal Pollock, Ph.D. Frances Smith, EMT-P, DMT Lana Sorrell, EMT, DMT DAN is a NC nonprofit corporation. The DAN Foundation is a 501(c)(3) tax-exempt nonprofit corporation. ID#56-1696689 MISSION DAN helps divers in need of medical emergency assistance and promotes dive safety through research, education, products and services. Divers Alert Network ® (DAN ® ), a nonprofit organization, exists to provide expert medical information for the benefit of the diving public. DAN’s historical and primary function is to provide timely information and assistance for underwater diving injuries, to work to prevent injuries and to promote dive safety. Second, DAN promotes and supports underwater dive research and education, particularly as it relates to the improvement of dive safety, medical treatment and first aid. Third, DAN strives to provide the most accurate, up-to-date and unbiased information on issues of common concern to the diving public, primarily — but not exclusively — for dive safety. ALERT DIVER’S PHILOSOPHY Alert Diver ® is a forum for ideas and information relative to dive safety, education and practice. Any material relating to dive safety or dive medicine is considered for publication. Ideas, comments and support are encouraged and appreciated. The views expressed by contributors are not necessarily those advocated by Divers Alert Network. DAN is a neutral public service organization that attempts to interact with all diving-related organizations or persons with equal deference. Alert Diver is published for the use of the diving public, and it is not a medical journal. The use and dosage of any medication by a diver should be under the supervision of his or her physician. DAN does not sell, lease or trade its mailing lists. The appearance of an advertisement in Alert Diver does not imply endorsement by DAN of any product or service shown. Individuals who reply to advertisements in Alert Diver understand that they are volunteering their information to the advertisers and are, therefore, subject to that company‘s mailing policies. 4 | FALL 2015

Engage Smarter With DAN Educational Resources Your Go-To Resource for Dive Safety Information We believe a smarter diver is a safer diver, so we want to arm you and your staff with the information needed to stay safe both in and out of the water. Available online and in print, DAN’s Educational Resources address topics relevant to the new and experienced diver. Engage smarter, and join DAN in the goal of making every dive accident-free. n Health & Diving Reference Library n Online Incident Reporting and Case Summaries n Medical FAQs and Information Line n Social Media Channels n Webinars, Safety Quizzes and Online Seminars

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