4 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.


CONTENTS Fall 2015 Features 70 THE SOUTHERN RED SEA A PHOTO DIARY Text and photos by Stephen Frink An oasis of marine beauty in the midst of a desert, the Red Sea is a world-class dive destination. Color and variety abound under sunny skies. 78 TASMANIA Text and photos by Brandon Cole Brochures boast that Australia’s island state is “like nowhere else on Earth.” According to Brandon Cole, they’re right. 86 TRUE NORTH A DIVING AND SAILING ADVENTURE IN THE NORWEGIAN ARCTIC Text by Terry Ward; photos by Daniel Hug Join the crew of the sailing vessel Barba on a grand adventure up the coast of Norway and around the storied Svalbard archipelago. 90 UNCERTAINTY AFTER DIVING CASE REPORTS AND RECOMMENDATIONS By Marty McCafferty, EMT-P, DMT Through a series of case studies, DAN medic Marty McCafferty illustrates the confounding nature of decompression sickness and shares important recommendations. ON THE COVER: A twoband anemonefish presents a striking contrast with an anemone’s crimson mantle at Fury Shoal in the Red Sea. Joe Poe took the photo using a Canon EOS 5D Mark III with a Canon 16-35mm 2.8 II at 30mm, Inon Z-240 Strobes (2) and Nauticam housing, 1/180 sec @ f/13, ISO 320. THIS PAGE: St. John’s Caves, Southern Red Sea. Photo by Stephen Frink 6 | FALL 2015


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