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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.

Common seadragons (also

Common seadragons (also known as weedy seadragons) are some of the most bizarre, fantastical creatures in the sea. Opposite: The red handfish is a critically endangered anglerfish found only in Tasmania. It walks along the bottom on its modified handlike pectoral and pelvic fins. T A S M 78 | FALL 2015

TEXT AND PHOTOS BY BRANDON COLE We might as well be on Mars for all the good my marine biology training is doing me right now. What’s that spiky fish in the convict suit? With severe angles, knifelike fins and a protruding Pinocchio nose, it resembles a cross between an alien fighting machine and a cartoon character. Genus and species of the cloud of pink fish? No clue. Pouring down from above in the hundreds, they must be the rain that nourishes this thriving garden of sponges in Crayola-bright colors. And what’s the blue-chinned, thick-lipped piscine oddity that slips furtively among 3-foot-high, peach-hued candy-cane-shaped things? It’s a scene straight out of a Dr. Seuss story. I don’t recognize any of the players on the stage, and my ignorance is bliss. Who wants to travel 9,000 miles to see the same old things? A N I A ALERTDIVER.COM | 79

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