Waivers, Children & Solo Diving

In the unlikely event of incurring a diving injury, know your rights with regard to waivers, children and diving, and solo diving.
Previous Alert Diver articles have deliberately presented possible (and real) scenarios to invite thoughts and provoke a response from our readers. Yet, I have been surprised by your self-restraint or, perhaps, your tacit agreement or disagreement. Please do feel free to write to us. The goal is to start a blog and to stimulate discussion to make the material more “real”. Usually, legal issues are a very hot topic.
Anyway, I have reverted to contacting several of my international colleagues and invited them to respond to my material and also to share their experiences. The following three topics were mentioned specifically: waivers, children and diving, and solo diving.
Previous Alert Diver articles have deliberately presented possible (and real) scenarios to invite thoughts and provoke a response from our readers. Yet, I have been surprised by your self-restraint or, perhaps, your tacit agreement or disagreement. Please do feel free to write to us. The goal is to start a blog and to stimulate discussion to make the material more “real”. Usually, legal issues are a very hot topic.
Anyway, I have reverted to contacting several of my international colleagues and invited them to respond to my material and also to share their experiences. The following three topics were mentioned specifically: waivers, children and diving, and solo diving.
Waivers
One of my colleagues wrote the following in a commentary on diving operators: “A diving operator may deny a diver the opportunity to dive when the operator, objectively and reasonably, believes that the diver poses a danger to himself or to his fellow divers. The diving operator cannot deny service on a discriminatory basis, however.”
This is a very interesting statement as it brings another facet of the liability issue into play: the so-called Volenti Doctrine (derived from the Latin phrase “volenti non fit injuria” ). But, what does this mean, you may wonder? Simply stated, it means that you agree, without an indemnity having been signed, not to hold another party liable for a certain detrimental occurrence.
Let me illustrate this by means of two examples: On the one side, if you decide to get on the back of a motorcycle as pillion (namely as a passenger), well-aware that the driver is drunk, you exonerate him from liability. This is so‑called consent and voluntary assumption of risk. On the other hand, if you go to a surgeon who suggests surgery and you agree to this, you are actually giving consent to receive the intentional bodily injury associated with the surgical procedure. The surgeon’s conduct must obviously be lawful and without negligence and the recipient’s understanding is generally formalised by means of signing an informed consent document. However, the principle of tacit consent still applies.
What remains to be established is whether or not the participant or recipient fully understood the risk related to what they consented to. With drunk driving, the inherent risks are considered common knowledge; so a common law principle applies. For a specialised, potentially hazardous and unfamiliar medical procedure, however, the implications and alternative options need to be spelled out. So, given this framework, one can see that diving would lie somewhere between these two extremes.
Although the diving risks are not necessarily common knowledge, the fact that someone has undergone diving training to the point of certification implies that they have received detailed and fairly standardised information regarding the risks involved. Nevertheless, diving leaders must ensure that the inherent dangers of the sport of diving are explained. This includes a thorough briefing before every dive. Diving conditions and inherent dangers are also different from dive to dive; depth or the presence of sharks may affect the individual dive, hence the “SEABAG” mnemonic for site, emergency, activities, buoyancy, air, gear-up and go. Still, every dive does not come with a specificontract or waiver – therefore it is subject to a common law principle.
The three components that apply to and constitute a voluntary assumption of risk are:
The first two elements have been the subject of various decisions in South African case law in the medical field. There have also been various decisions involving sporting activities. To bring this closer to home, consider the case of Boshoff v Boshoff 1987 (2) SA 694 (O): Two brothers were playing squash. The racket slipped out of the one brother’s hand and hit the other brother. The court found that the injured brother knew that a racket could slip from his opponent’s hand and he had appreciated this risk and consented to run the risk and the claim was dismissed. It is obvious that there were no waivers involved.
The next example can perhaps explain the legal principle more conclusively. In the matter of Santam Insurance Co Ltd v Vorster 1973 (4) SA 764 (A) (paralell citation) Santam Insurance Co Ltd v Vorster 1973 (4) All SA 558 (A) there was a street race in Boksburg. It went horribly wrong and the injured person ended up in a wheel chair. The Appellate Division found that the injured person had consented to the inherent risks involved in a street car race. Again, it is obvious that there were no signed waivers applicable.
Still, there is a twist to the tale of consent to risk: The consent must be reasonable. Also, that which is consented to must be acceptable in the eyes of public policy. Let me explain with a rather extreme example: You cannot consent to being murdered. Even in high-risk sporting activities there are limits on “fair play”: A Springbok fly-half would not be seen to consent to a punch from the opposing team’s hooker that lands him in a wheel chair. Similarly, a world champion Internal Boxing Federation (IBF) heavy weight champion would certainly not consent to being stabbed with a concealed sharp knife during a championship boxing bout. So, even though a sport has waivers, it also has rules. Conduct outside of these rules also falls outside the ambit of consented risks.
In summation, the following can be said in the interests of safe diving:
So, why the fuss about waivers? Well, waivers assist in giving clarity to the issue of scuba diving risks and possible liability and they also provide evidence to the next of kin (dependents) of the person that he or she consented to the risk. Whereas a waiver indicates that any claims of whatever nature are indemnified, the Volenti Doctrine does not afford the same level of indemnification.
Volenti and dependents
An agreement between a breadwinner who is willing to undergo risk of injury or even death to himself or herself does not exclude the possibility of the dependents bringing a claim against a wrongdoer who unlawfully causes the breadwinner’s death. The agreement to undergo the risk is only relevant between the agreeing parties, so to speak. This is where the protection of a waiver (as discussed in previous editions) is paramount. It defines the parties, the activities as well as the risks.
Children and diving – how old must a child be to dive?
Children and diving is another hot topic. There is much that can be discussed. However, let us look at children and diving in the same vein as the issue on waivers. How does the Volenti Doctrine apply to children and diving?
As an instructor, I must state that, often, children are much easier to train than adults. With age comes pre-conceived ideas and methods. These preconceptions create inhibitions that make adults wary. However, as a consequence of the Volenti discussion above, the legal side of the enquiry must concern itself with the questions of contracting capacity (amongst others, the age and mental capacity of the child) and accountability. Remember what we said – for someone to consent to risk taking, he or she must have knowledge of, appreciation for and consent to run the risk. So, can an underage person comply with these factors?
My research has indicated that, in various forums, children are encouraged to dive. Various programmes and even certifications exist to get children involved in the family sport of diving. Even excelling in the sport at a young age is well-applauded and quite rightly so. It beats children getting involved in other nasty activities and is an excellent stimulant. It also keeps the family together.
One article on the Internet states that if a child under the age of 12 is physically, mentally and emotionally able to handle the skills and understand the knowledge needed to scuba dive and wants to learn, he or she should be able to get certified. The author continues and expresses her sentiments on the ease with which children can be taught and adds that they are more eager to learn, better able to comprehend content and have better study habits than many adults. I concur herewith. But what are the legal implications, specifically to the subject of liability and consent?
In certain cases, the law attaches consequences to some expressions of will of certain persons, while no consequences are attached to other expressions of will of the same persons. Such persons, for example minors between seven and 16 years old, have limited capacity to act. The considerations which underlie these limitations on their capacity to act may vary. A person under 16 years of age is considered not to have the necessary maturity of judgement and must thus be protected by the law, be it by their parents or guardians. This has the implication that the younger the individual, the less the chances that the youngster would have consented to the risk. I venture to say that a child of 12 years old would not be found to have consented to the Volenti principle.
Diving leaders must ensure that their waivers are in place and properly worded and their divers are properly briefed.
Solo diving
We have all heard it: “Dive alone, die alone” and “You are risking certain death, because solo diving is nuts.” Still, at least one scuba diving enterprise has revolutionised this concept. They have actually launched a unique course called “Solo Diver”. This programme teaches recreational sport divers to stay safe when diving alone. Solo diving is defined as self-sufficient diving. Interestingly, the definition can be interpreted as diving with a less- experienced buddy or a buddy who you would not want to rely on in the case of an emergency. This definition is even expanded in terms of someone who dives with a group, but who does “his or her own thing”, for example underwater photographers. Also, it includes instructors. The latter must be able to assist themselves with “self-rescue”, because it would be unfair and perhaps naive to rely on a student for help. For interest’s sake, here is the scenario.
One of the worst situations, other than being eaten by sharks or losing consciousness, would be an out-of-air situation. This is a basic part of any diving training. We do add statements like “This should never happen” but, as I always say to my students: “In the unlikely event of…” The fact is that simply allowing yourself to run out of air because you can rely on your buddy’s assistance to get back to the surface is careless, to say the least. You are also putting your dive buddy at risk. So, in this respect, solo divers may tend to be more responsible. You can imitate this culture of self-sufficiency by applying proper gas management principles taught to solo divers:
So, does this mean that I condone solo diving? Well, we are definitely taught not to dive alone. I also omitted that the solo divers were very advanced technical divers. The Volenti Doctrine is certainly simpler to follow. If this is your passion then it is your passion. As for me: Diving is such an awesome experience, I definitely prefer to share it with another dive.
One of my colleagues wrote the following in a commentary on diving operators: “A diving operator may deny a diver the opportunity to dive when the operator, objectively and reasonably, believes that the diver poses a danger to himself or to his fellow divers. The diving operator cannot deny service on a discriminatory basis, however.”
This is a very interesting statement as it brings another facet of the liability issue into play: the so-called Volenti Doctrine (derived from the Latin phrase “volenti non fit injuria” ). But, what does this mean, you may wonder? Simply stated, it means that you agree, without an indemnity having been signed, not to hold another party liable for a certain detrimental occurrence.
Let me illustrate this by means of two examples: On the one side, if you decide to get on the back of a motorcycle as pillion (namely as a passenger), well-aware that the driver is drunk, you exonerate him from liability. This is so‑called consent and voluntary assumption of risk. On the other hand, if you go to a surgeon who suggests surgery and you agree to this, you are actually giving consent to receive the intentional bodily injury associated with the surgical procedure. The surgeon’s conduct must obviously be lawful and without negligence and the recipient’s understanding is generally formalised by means of signing an informed consent document. However, the principle of tacit consent still applies.
What remains to be established is whether or not the participant or recipient fully understood the risk related to what they consented to. With drunk driving, the inherent risks are considered common knowledge; so a common law principle applies. For a specialised, potentially hazardous and unfamiliar medical procedure, however, the implications and alternative options need to be spelled out. So, given this framework, one can see that diving would lie somewhere between these two extremes.
Although the diving risks are not necessarily common knowledge, the fact that someone has undergone diving training to the point of certification implies that they have received detailed and fairly standardised information regarding the risks involved. Nevertheless, diving leaders must ensure that the inherent dangers of the sport of diving are explained. This includes a thorough briefing before every dive. Diving conditions and inherent dangers are also different from dive to dive; depth or the presence of sharks may affect the individual dive, hence the “SEABAG” mnemonic for site, emergency, activities, buoyancy, air, gear-up and go. Still, every dive does not come with a specificontract or waiver – therefore it is subject to a common law principle.
The three components that apply to and constitute a voluntary assumption of risk are:
- The knowledge of the risk;
- The appreciation of the risk; and
- The consent to run the risk.
The first two elements have been the subject of various decisions in South African case law in the medical field. There have also been various decisions involving sporting activities. To bring this closer to home, consider the case of Boshoff v Boshoff 1987 (2) SA 694 (O): Two brothers were playing squash. The racket slipped out of the one brother’s hand and hit the other brother. The court found that the injured brother knew that a racket could slip from his opponent’s hand and he had appreciated this risk and consented to run the risk and the claim was dismissed. It is obvious that there were no waivers involved.
The next example can perhaps explain the legal principle more conclusively. In the matter of Santam Insurance Co Ltd v Vorster 1973 (4) SA 764 (A) (paralell citation) Santam Insurance Co Ltd v Vorster 1973 (4) All SA 558 (A) there was a street race in Boksburg. It went horribly wrong and the injured person ended up in a wheel chair. The Appellate Division found that the injured person had consented to the inherent risks involved in a street car race. Again, it is obvious that there were no signed waivers applicable.
Still, there is a twist to the tale of consent to risk: The consent must be reasonable. Also, that which is consented to must be acceptable in the eyes of public policy. Let me explain with a rather extreme example: You cannot consent to being murdered. Even in high-risk sporting activities there are limits on “fair play”: A Springbok fly-half would not be seen to consent to a punch from the opposing team’s hooker that lands him in a wheel chair. Similarly, a world champion Internal Boxing Federation (IBF) heavy weight champion would certainly not consent to being stabbed with a concealed sharp knife during a championship boxing bout. So, even though a sport has waivers, it also has rules. Conduct outside of these rules also falls outside the ambit of consented risks.
In summation, the following can be said in the interests of safe diving:
- All participants must be aware that there are inherent dangers in the sport of diving. These dangers are sometimes unique and particular to a certain diving activity. Certain dangers may be obvious, such as for a baited shark dive. Others may be less obvious: A dive in poor visibility at altitude may require unique adjustments that are not “automatically” understood.
- Diving leaders must ensure that all divers are empowered with sufficient knowledge of the diving circumstances to allow them to, in legal terms, have knowledge and appreciation of the risk to which they are said to have properly consented. This should include, amongst others, an enquiry whether any person who is part of the dive group is on medication or has any medical condition that may affect their diving safety.
So, why the fuss about waivers? Well, waivers assist in giving clarity to the issue of scuba diving risks and possible liability and they also provide evidence to the next of kin (dependents) of the person that he or she consented to the risk. Whereas a waiver indicates that any claims of whatever nature are indemnified, the Volenti Doctrine does not afford the same level of indemnification.
Volenti and dependents
An agreement between a breadwinner who is willing to undergo risk of injury or even death to himself or herself does not exclude the possibility of the dependents bringing a claim against a wrongdoer who unlawfully causes the breadwinner’s death. The agreement to undergo the risk is only relevant between the agreeing parties, so to speak. This is where the protection of a waiver (as discussed in previous editions) is paramount. It defines the parties, the activities as well as the risks.
Children and diving – how old must a child be to dive?
Children and diving is another hot topic. There is much that can be discussed. However, let us look at children and diving in the same vein as the issue on waivers. How does the Volenti Doctrine apply to children and diving?
As an instructor, I must state that, often, children are much easier to train than adults. With age comes pre-conceived ideas and methods. These preconceptions create inhibitions that make adults wary. However, as a consequence of the Volenti discussion above, the legal side of the enquiry must concern itself with the questions of contracting capacity (amongst others, the age and mental capacity of the child) and accountability. Remember what we said – for someone to consent to risk taking, he or she must have knowledge of, appreciation for and consent to run the risk. So, can an underage person comply with these factors?
My research has indicated that, in various forums, children are encouraged to dive. Various programmes and even certifications exist to get children involved in the family sport of diving. Even excelling in the sport at a young age is well-applauded and quite rightly so. It beats children getting involved in other nasty activities and is an excellent stimulant. It also keeps the family together.
One article on the Internet states that if a child under the age of 12 is physically, mentally and emotionally able to handle the skills and understand the knowledge needed to scuba dive and wants to learn, he or she should be able to get certified. The author continues and expresses her sentiments on the ease with which children can be taught and adds that they are more eager to learn, better able to comprehend content and have better study habits than many adults. I concur herewith. But what are the legal implications, specifically to the subject of liability and consent?
In certain cases, the law attaches consequences to some expressions of will of certain persons, while no consequences are attached to other expressions of will of the same persons. Such persons, for example minors between seven and 16 years old, have limited capacity to act. The considerations which underlie these limitations on their capacity to act may vary. A person under 16 years of age is considered not to have the necessary maturity of judgement and must thus be protected by the law, be it by their parents or guardians. This has the implication that the younger the individual, the less the chances that the youngster would have consented to the risk. I venture to say that a child of 12 years old would not be found to have consented to the Volenti principle.
Diving leaders must ensure that their waivers are in place and properly worded and their divers are properly briefed.
Solo diving
We have all heard it: “Dive alone, die alone” and “You are risking certain death, because solo diving is nuts.” Still, at least one scuba diving enterprise has revolutionised this concept. They have actually launched a unique course called “Solo Diver”. This programme teaches recreational sport divers to stay safe when diving alone. Solo diving is defined as self-sufficient diving. Interestingly, the definition can be interpreted as diving with a less- experienced buddy or a buddy who you would not want to rely on in the case of an emergency. This definition is even expanded in terms of someone who dives with a group, but who does “his or her own thing”, for example underwater photographers. Also, it includes instructors. The latter must be able to assist themselves with “self-rescue”, because it would be unfair and perhaps naive to rely on a student for help. For interest’s sake, here is the scenario.
One of the worst situations, other than being eaten by sharks or losing consciousness, would be an out-of-air situation. This is a basic part of any diving training. We do add statements like “This should never happen” but, as I always say to my students: “In the unlikely event of…” The fact is that simply allowing yourself to run out of air because you can rely on your buddy’s assistance to get back to the surface is careless, to say the least. You are also putting your dive buddy at risk. So, in this respect, solo divers may tend to be more responsible. You can imitate this culture of self-sufficiency by applying proper gas management principles taught to solo divers:
- Know your personal air consumption.
- Budget time and depth by litres of air as well as no decompression limits.
- Plan for inadvertent equipment failures.
- Plan for bail-out and decompression cylinder, when required.
So, does this mean that I condone solo diving? Well, we are definitely taught not to dive alone. I also omitted that the solo divers were very advanced technical divers. The Volenti Doctrine is certainly simpler to follow. If this is your passion then it is your passion. As for me: Diving is such an awesome experience, I definitely prefer to share it with another dive.
Learn more about the DAN Legal Network
Previously, DAN only offered medical advice to its members, but has recently decided to extend the services it offers to its members by introducing a network of legal professionals to advise members on diving related legal matters when needed.
Divers and Diving Professionals in particular may find themselves in need of specific diving related legal advice and support from time to time. In response to this need, and following proposals by several DAN members who are also members of the legal profession, DAN has established an amazing worldwide network of legal experts and lawyers who are both experienced and knowledgeable in diving practices (being divers themselves) and diving law, in order to assist our members.
Divers and Diving Professionals in particular may find themselves in need of specific diving related legal advice and support from time to time. In response to this need, and following proposals by several DAN members who are also members of the legal profession, DAN has established an amazing worldwide network of legal experts and lawyers who are both experienced and knowledgeable in diving practices (being divers themselves) and diving law, in order to assist our members.
Categories
2021
2020
January
February
Group Fitness at the PoolHow to Rescue a Distressed diver at the SurfaceHow to manage Near-DrowningNo Sit-ups no problem How to manage MalariaHow to manage Oxygen Deficiency (Hypoxia)What to do when confronted by a sharkHow to manage Scombroid PoisoningHow to perform a Deep Diver RescueHow to perform One-rescuer CPRHow to perform a Neurological Assessment
March
DAN’s Quick Guide to Properly Disinfecting Dive GearCOVID-19 : Prevention Recommendations for our Diving CommunityGermophobia? - Just give it a reasonable thoughtScuba Equipment care – Rinsing and cleaning diving equipmentCOVID-19 and DAN MembershipFurther limitations imposed on travels and considerations on diving activitiesDAN Membership COVID-19 FAQsLancet COVID-19 South African Testing SitesCOVID-19 No Panic Help GuideGetting Decompression Sickness while FreedivingDown in the DumpsCardiovascular Disease and DivingDelayed Off-GassingDiving after Dental surgeryDiving with Multiple MedicationsPygmy Seahorses: Life AquaticAfrica DustCOVID-19 Myth BustersScuba Units Are Not Suitable Substitutes for VentilatorsDisinfection of Scuba Equipment and COVID-19Physioball Stability Exercises
April
COVID-19 AdvisoryScuba Equipment Care - Drying & Storing Your GearTransporting Diving Lights & BatteriesHow to Pivot Your Message During a CrisisTourism Relief FundCOVID-19 Business Support ReviewDiving After COVID-19: What We Know TodayEUBS-ECHM Position Statement on Diving ActivitiesPart 2: COVID-19 Business Support ReviewPress Release
May
Diving in the Era of COVID-19Dive Operations and COVID-19: Prepping for ReturnCOVID-19 & Diving Activities: 10 Safety RecommendationsCOVID-19: Surface Survival TimesThe Philippines at its FinestThe Logistics of ExplorationThe Art of the Underwater SelfieShooter: Douglas SeifertFAQs Answered: Disinfecting Scuba EquipmentStock your First-Aid KitResearch and OutreachCovid-19 ResearchOut of the BlueEffects of Aspirin on DivingThe New Pointy end of DivingDiving and Hepatitis CCaissons, Compressed-Air work and Deep TunnellingPreparing to Dive in the New NormalNew Health Declaration Form Sample Addressing C-19 IssuesDiving After COVID 19: What Divers Need to Know
June
Travel Smarter: PRE-TRIP VACCINATIONSAttention-Deficit/Hyperactivity Disorder and DivingCOVID-19: Updated First Aid Training Recommendations From DANDiving with a Purpose in National Marine SanctuariesStay Positive Through the PandemicFor the Dive Operator: How to Protect Your Staff & ClientsStudying Deep reefs and Deep diversAsking the Right QuestionsLung squeeze under cold diving conditions
July
Dive DeprivationVolunteer Fish Surveys: Engage DiversDAN Member Profile: Mehgan Heaney-GrierTravel Smarter: Don’t Cancel, Reschedule InsteadDive Boat Fire SafetyRay of HopePartner ExercisesDiving at AltitudeAluminium ExposureHip FracturesAcoustic NeuromaGuidelines for Lifelong Medical Fitness to DiveNew Dive Medical Forms
August
Women in Diving: Lauren Arthur, Conservationist & Natural History Story TellerWomen in Diving: Dr Sara Andreotti White Shark ResearcherTiming ExerciseWomen in Diving: The Salty Wanderer, Charlie WarlandWomen in Diving: Beth Neale, Aqua soul of freedivingWomen in Diving: Diving and spearfishing Diva, Jean HattinghWomen in Diving: Zandile Ndhlovu, The Black Mermaid
September
October
Freediving For ScienceStep Exercises with CardioFluorescence Imaging help Identify Coral BleachingChildren and DivingThe Watchman device and divingScuba Diving and Factor V Leiden gene mutationNitrogen Narcosis at shallow depthsOil and Particulates: Safe levels in Breathing Air at depthDive Principles for Coping with COVID-19The Importance of a Predive Safety CheckTalya Davidoff: the 'Plattelandse Meisie' Freediver
2019
February
April
May
DAN Press ReleaseYour Dive Computer: Tips and tricks - PART 1Your Dive Computer: Tips and tricks - PART 2Aural HygieneDCS AheadHow Divers Can Help with coral conservationRed Tide and shellfish poisoningDiving after Kidney DonationDiving with hypertrophic cardiomyopathyEmergency Underwater Oxygen Recompression
June
July
September
October
November
Exercise drills with DowelsHeart-rate TrainingCultivating ConservationTRavel Smarter : Evaluating an unfamiliar Dive operatorChallenging the Frontiers of Decompression ResearchTravel Smarter: Plan for Medical EmergenciesWhen should I call my Doctor?DAN Student Medical Expense CoverageAdvice, Support and a LifelineWetsuits and heat stressDiving after Chiropractic adjustments
2018
April
Flying after pool diving FAQLung squeeze while freediving FAQDiving after Bariatric surgery FAQMarine injuries FAQVasovagal Syncope unpredictable FAQIncident report procedure FAQDiving after knee surgery FAQDiving when in RemissionDive with orbital Implant FAQInert gas washout FAQOxygen ears FAQPost Decompression sicknessChildren and diving. The real concerns.Diving after SurgeryPhysiology of Decompresssion sickness FAQDiving and regular exerciseGordon Hiles - I am an Underwater Cameraman and Film MakerScuba Air QualityBreath-hold diving. Part 3: The Science Bit!Compensation Legislation and the Recreational DiverCape Town DivingFive pro tips for capturing better images in cold waterThe Boat Left Without You: Now What?
May
When things go wrongEmergency Planning: Why Do We Need It?Breath-hold diving: Running on reserve -Part 5 Learning to RebreatheSweet Dreams: When Can I Resume Diving Post Anaesthesia?Investing in the future of reefsTo lie or not to lie?THE STORY OF A RASH AFTER A DIVEFirst Aid KitsTaravana: Fact or Falacy?
June
Oxygen Unit MaintenanceKnow Your Oxygen-Delivery Masks 1Know Your Oxygen-Delivery Masks 2Emergency Oxygen unitsInjuries due to exposure - HypothermiaInjuries due to exposure - Altitude sicknessInjuries due to Exposure - Dehydration and other concernsHow to plan for your dive tripThe Future of Dive MedicinePlastic is Killing our ocean
September
Return to DivingDiagnoses: Pulmonary blebSide effects of Rectogesic ointmentDiving with ChemotherapyReplacing dive computers and BCDsCustomize Your First-Aid KitPlan for medical emergenciesHow the dive Reflex protects the brain and heartDry suits and skin BendsAltitude sickness and DCSScuba Diving and Life Expectancy
2017
March
April
Incident Insight: TriageA Field Guide to Minor MishapsSnorkels: Pros & ConsTime & RecoveryMedication & Drug UseDiving with CancerNitrox FAQCOPD FAQHyperbaric Chamber FAQJet Lag FAQHydration FAQAnticoagulant Medication FAQFluid in the Ear FAQEye Surgery FAQElderly Divers FAQNitrogen FAQHealth Concerns FAQMotion Sickness FAQMicronuclei FAQ
June
August
2016
February
March
Breath-Hold Diving & ScubaReturn to Diving After DCITiming Exercise & DivingHot Tubs After DivingSubcutaneous EmphysemaIn-Water RecompressionDiving at AltitudeFlying After DivingDiving After FlyingThe Risks of Diabetes & DivingFlu-like Symptoms Following a DiveHand & Foot EdemaFrontal HeadachesBladder DiscomfortLatex AllergiesRemember to BreatheProper Position for Emergency CareAches & PainsCell Phones While DrivingSurfers Ear Ear Ventilation TubesDealing with Ear ProblemsDiving with Existing Ear InjuriesPerforated Ear DrumENT SurgeryUnpluggedCochlear ImplantsPortuguese Man-of-WarJellyfish StingsLionfish, Scorpionfish & Stonefish EnvenomationsStingray Envenomation Coral Cuts, Scrapes and RashesSpeeding & Driving Behaviour
June
Newsflash! Low Pressure Hose DeteriorationItching & rash go away & come back!7 Things we did not know about the oceanMigraine HeadacheAttention Deficit Disorder Cerebral Vascular AccidentEpilepsyCerebral PalsyHistory of SeizuresMultiple Sclerosis Head TraumaBreast Cancer & Fitness to Dive IssuesLocal Allergic ReactionsSea LiceHow ocean pollution affects humans Dive Fatality & Lobster Mini-Season StatisticsPregnancy & DivingReturn to Diving After Giving BirthBreast Implants & DivingMenstruation During Diving ActivitiesOral Birth ControlBreast FeedingPremenstrual SyndromeOsteoporosisThe Aftermath of Diving IncidentsCompensation Legislation & the Recreational DiverNoise-Induced Hearing LossLegal MattersThe Nature of Liability & DivingDAN Legal NetworkWaivers, Children & Solo DivingHealthy, but overweight!Taking Medication while Scuba DivingGetting Fit for the Dive SeasonBone Considerations in Young DiversAsthma and Scuba DivingHepatitisDiving with HyperglycemiaShoulder PainDiving After Spinal Back Surgery
August
Hazard Identification & Risk AssessmentCaring For Your People Caring For Your FacilitiesCaring For Your BusinessScuba Air Quality Part 1Scuba Air Quality Part 2Chamber Maintenance Part 1Chamber Maintenance Part 2The Aging Diver Propeller SafetyRelease The PressureDon't Get LostMore Water, Less Bubbles13 Ways to Run Out of Air & How Not To7 Mistakes Divers Make & How To Avoid ThemSafety Is In The AirHow Good Is Your Emergency Plan
2015
January
March
10 Comments
Sitting on the fence again, No surprise.
The link to DAN legal team at the top of the page just reopens this page. It is about as circular as the discussion on the page, so perhaps appropriate.
Who is the "I" in the last paragraph? It implies one specific person's opinion, yet the article is attributed to "DAN Legal Team", which under normal circumstances one would expect to be a group of people numbering at least two. So is this one person's opinion or not? Do they speak for DAN as an organisation, DAN SA, DAN SA Legal team or what?
The second paragraph of the blog states:'The goal is to start a blog and to stimulate discussion to make the material more %u201Creal%u201D.' That is exactly what I tried to do. Discussing in person on the hotline rather detracts from the stated aim, as it removes the discussion from the public view.
The total failure of the DAN legal team to respond is disappointing.
Dear Peter
Thank you for your blogs hereunder. It is always refreshing to discuss these types of matters with the diving community.
First off, we must apologise profusely for not responding to your previous blogs. There was an error on our side in the capturing of blogs, such which resulted in your blogs ‘slipping through the cracks’. We have now implemented steps to ensure that such is not repeated. Thank you however for taking additional time to follow up with us.
With respect to the issues that you raised, we comment thereon as follows:
1. Ad your blog dated 29 September 2016 at 9h06 - The blog was initially designed so that when clicking on the link to the DAN Legal team, it did merely reopen the page. This was aimed at ensuring that all blogs relevant to the topic at hand were maintained in a centralised blog. From your comment however, we assume that you wished to engage directly via email with the DAN Legal team? If so, you are welcome to do so on danlegal@dansa.org and we will gladly discuss matters with you.
2. Ad your blog dated 4 December 2016 at 13h57 – The Dan legal team consists of various board members of DAN Southern Africa. DAN Southern Africa ensures at all times that a suitably qualified legal practitioner forms part of the DAN Legal team. By way of practice, this legal practitioner is usually tasked to draft all articles of a legal nature and similarly to draft a first response to any queries related thereto. This draft article or response is then circulated to the remainder of the Dan legal team for approval and/or comment. The article in question was accordingly approved by the Dan legal team, albeit that the initial draft thereof was compiled by DAN’s legal practitioner. With this background in mind, it is conceivable that the drafter thereof utilised the reference “I’, as he was referencing (in closing) a personal observation related to the article. He accordingly purposely referenced this by including the wording “As for me”. This should however not detract from the fact that the entire article (and his observation thereof) is also reflective of the opinion of the DAN Legal team. It was with this in mind, that the DAN Legal team sought it fit to retain his observation therein.
3. Ad your blog dated 8 December 2016 at 9h34 – Your comment is noted. In this regard you are referred to our comments in our opening paragraphs above. We again apologise for this unintentional oversight, such which we have taken steps to remedy. We fully agree with you that the aim should be to debate the topic. It was for this very reason that this article was posted. Although the article is now dated, possibly our current interaction will help to revive it.
4. Ad your blog dated 27 February 2021 at 7h17 – We trust that the aforesaid has addressed your concerns adequately and we look forward to engaging with your further on this and possibly other topics.
Yours in safe diving.
The DAN Legal team