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October 2001

SCUBA-SE@RAVEN.UTC.EDU

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Subject:
From:
Bjorn Vang Jensen <[log in to unmask]>
Reply To:
SouthEast US Scuba Diving Travel list <[log in to unmask]>
Date:
Tue, 16 Oct 2001 20:20:33 +0800
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Bob wrote:

> > When I voluntarily SIGN an agreement, even if it's not a legal one,
> > I adhere to it!

And Mike wrote:

> An admirable quality to be sure... and one that I hold as well.

I agree in principle, but there are exceptions. For example, if I had signed
a waiver but was subsequently subjected to a loss (of property or of a loved
one) as a result of blatant negligence, you can bet your bottom Dollar I
would sue, if for no other reason than to try to take the negligent party
out of business and stop them from being a menace to others.

Let's say, for example, that for cost-saving reasons the live-aboard boat
had not had its engine overhauled in years, and the thing exploded, and they
also hadn't maintained the life-saving equipment in ages and therefore it
didn't work, and people  therefore died. I can guarantee you that I wouldn't
give a shit about what documents I had originally signed. Would you ? Really
?

To be a man of your word, you have the right to a reasonable expectation
that it cuts both ways. In others words, you must be able to rely on the
other party doing what they are obliged to do to keep the nasty things from
happening. If they don't, all bets are off, and that is EXACTLY why we have
the principle of Duty of Care and the Reasonably Prudent Person.

Also, let's not forget that the likely plaintiffs here are not the ones who
died (duh!), but the ones left beind. Some of them may be gold-diggers,
others may have no other choice if they are to continue living normal lives.
If negligence can be proven, then our system (like it or not) gives them a
means of going on.

I am NOT trying to condone frivolous lawsuits, but neither am I prepared to
give a free get-out-of-jail-card to individuals or organizations that
deserve what they get.

Bjorn

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