From: "cheryl applebaum" <cheryl.applebaum@canrem.com>
Subject: safety/standard violation
Reply-To: "cheryl applebaum" <cheryl.applebaum@canrem.com>
Organization: Canada Remote Systems
Distribution: bit
Date: 16 Oct 92 15:09:27 EST

Z  FOR US ALL.  I WAS ASSISTING ANOTHER INSTRUCTOR (I VOLUNTERRED), IN
Z  A DEEP DIVE FOR PADI ADVANCED TRAINING.  WHEN THE DIVE WAS OVER, WE WERE
Z  MAKING A SAFETY STOP WHEN ONE OF THE DIVERS DROPPED A CAMARA.  THE STUDENT
Z  WENT AFTER THE CAMARA AND I WENT AFTER THE STUDENT.  I STOPPED THE STUDENT
Z  AT 60 FEET AND SIGNALLED TO LET THE CAMARA GO.   AT THIS POINT WE WENT BACK
Z  TO 15 FEET TO MAKE ANOTHER SAFETY STOP.  WHEN IT WAS TIME TO ASCEND THE
Z  STUDENT, KICKED TO THE SURFACE AND TRIED TO POWER INFLATE TO MAINTAIN
Z  BOUYANCY.  UNFORTUNATELY, SHE HAD RUN OUT OF AIR.  PANIC SET IN.
Z  I WENT OVER TO HER, DITCHED HER WEIGHT BELT, AND ORALLY INFLATED HER BCD.
Z  I THEN TOWED HER BACK TO SHORE.

Z  TWO WEEKS LATER I WAS INFORMED THAT MY SHOP AND MYSELF WERE BEING THREATENE
Z  WITH A PERSONAL INJURY SUIT.  THE STUDENT WANTED A REFUND FOR THE CAMARA
Z  THAT WAS LOST, FOR THE MISSING WEIGHT BELT, AND FOR THE COURSE OTHERWISE
Z  SHE WOULD SEE US IN COURT.  I IMMEDIATELY CONTACTED PADI WHO INVESTIGATED
Z  INCIDENT.   ONE DETAIL THEY UNCOVERED WAS THAT THE STUDENT NEVER COMPLETED
Z  A PADI MEDICAL FORM OR A RELEASE AGREEMENT, AND AS A RESULT MY INSURANCE
Z  WAS NOT REQUIRED TO PAY FOR ANY PERSONAL INJURY CLAIMS.

Z  LESSONS TO BE LEARNED:
Z  1)  READ YOUR INSURANCE PAPERS CAREFULLY.  IF YOU DO NOT FOLLOW YOUR
Z      ORGANIZATIONS STANDARDS, YOU MAY NOT BE COVERED AGAINST A CLAIM.
Z  2)  DO NOT BE A NICE GUY.  I VOLUNTERRED AS AN ASSISTANT, ASSUMING THE
Z      INSTRUCTOR WAS AS METHODICAL AND ORGANIZED AS MYSELF.  IF THAT
Z      INSTRUCTOR MAKES A MISTAKE,  YOU THE ASSISTANT ARE ALSO LIABLE.

[deletion]

Kevin, I am only a PADI Advance o/w driver, but have inclinations toward
getting my Rescue & Dive Master because I enjoy the sport & would like to
"give a little back".

Firstly, I can only say "BRAVO!". What you did for that student was
what this sport is all about. Although I am not an instructor, I do feel
that everything you did was totally correct. Human life is beyond the
price of a lousy camera or weight belt.

Having said this, I am a little dismayed by your "2) do not be a nice guy"
statement. You're upset & angry about what has happened & are lashing out.
Perhaps couching the warning as "make sure you do your homework before you
volunteer" might be a little more apt. In this sport, it's even more
crucial that you NEVER assume. It NEVER hurts to check with the person who
is actually the instructor on the course to see if everything is up to
your personal standards. If they aren't, then I think you would be well
within your rights NOT to participate as an assistant.  It would really
be a shame to lose someone who sounds as professional & dedicated as you
because something like this happens.

Re: the suit... have you actually been served as a co-respondent? Or has
this person just been threatening you? Was she actually physically INJURED
in any way? If she wasn't the suit would only be for property damage and
NOT for personal injury.  I don't know if conditions permit, but has
anyone tried to retrieve the lost items? That would certainly "head things
off at the pass".  Or, can bills be produced that would indicate the value
of the items?  Restitution for loss of the property might be the only
option for the defendants if there were no waivers signed.

Please don't get me wrong: I am NOT a lawyer. I just have a working
knowledge of tort law due to my profession. However, it would seem to me
that unless she is actually alleging a personal injury, the suit cannot
proceed on these lines. A property damage suit is much easier to settle,
and and very unlikely to go to court unless the numbers are really big.
(Which they don't sound like.)  Ergo, it will probably wind up in small
claims court, and you can represent yourself there without a lawyer. (Get
legal advice first about how to defend yourself, but the physical presence
of a lawyer is not required.)

BTW, did the student complete the course and get her certification for her
specialty? If she did, then she can't very well sue for the cost of the
course, can she? And even if she didn't, cost of the course has nothing to
do with the suit in question: she would have had to pay for the course
REGARDLESS of whether or not she earned her certification. In other words,
unless it was implicitly guaranteed that she was going to get her
certification for the price of the course, she is not entitled to her $
back.

And if she IS alleging personal injury, well, get yourself a good lawyer
and a PI; you're going to need them.

Keep bubbling, bud!
~CA~

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