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Florida East Coast Spearfishing Let's talk here about spearing on Florida's Atlantic coast. Reports and other issues about this region belong here. |
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12-04-2016, 12:40 PM | #31 | ||||||
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
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After John's post last night, I went by the local marina this morning and looked at the COI of a local dive charter boat. Sure enough, as John points out, the requirement for 1 deckhand on that particular vessel was listed in their COI. Now, that does not mean Emerald has to have a deckhand. Since Emerald passed its latest inspection in October 2016, the manning requirements would be on that brand new Certificate of Inspection which was probably issued the month before the Thanksgiving dive. I have attached the USCG Inspection Guidebooks located at this website: https://www.uscg.mil/hq/cgcvc/cvc1/tool/ib.asp FYI, Tony . Last edited by SpearMax; 12-04-2016 at 01:04 PM. |
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12-04-2016, 12:48 PM | #32 |
Naval gazer extraordinair
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
That'd have to be one strong ass dive ladder. That's 450 lbs in 5 to 8' seas w/o his bc/tanks on. I'd say no way, too. That's hard on the equipment.
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“If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?” ― Frederic Bastiat, The Law |
12-05-2016, 09:20 AM | #33 | |
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
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In this day and age of insanely stupid "Political Correctness", the knee jerk response would most likely be to "pretend" that the "BIG GUY" over 400 pounds is just like all the other divers, no difference whatsoever. What Frank did, was really care about his son, and he KNEW there was no practical way to get Kevin back on the boat if he had an accident or medical problem. If he had not cared, I suppose he could have just let Kevin dive, and then hoped for the best....like this latest accident. So yes, my implication was that the 2nd dive operator, did what was politically correct, but it was morally wrong--in the sense that they really knew they could not help this guy if he passed out. But what mitigates this as a moral issue, is that the operator in question, most likely felt that they could be facing a lawsuit, were they to prevent the big guy from diving with them. In a sense, this was Legal, versus Moral. I think most shops and boats are forced by their insurance carriers to choose Legal over moral, though this conflict is not that common. On the other hand...this IS "Common Sense" ! Last edited by danvolker; 12-05-2016 at 09:28 AM. |
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12-05-2016, 09:26 AM | #34 |
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
common sense is not so common
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12-06-2016, 04:36 AM | #35 |
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
This could be a real bummer to get hit by some small hidden technicality. Randy has the only charter boat where I didn't get yelled at for staying down to long, going to far away from the boat, spearing a fish next to a shark...etc. All the other charters freak out and it's just another dive day on the Emerald. That is a huge plus for long time divers like me that rarely go on charters. The Emerald is good.
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12-06-2016, 07:31 AM | #36 | ||
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
Dan, your point is well made and taken.
Another major legal consideration in this incident is the legal concept of "'Assumption of Risk" defined as follows: Quote:
The fact David Ley called the dive charter boats and TOLD THEM about his large physical stature is prima facie evidence that he recognized and "assumed" the risk of injury. I imagine he also signed a written waiver as required by all charter boat operators I know. Quote:
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12-23-2016, 09:44 AM | #37 |
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
Does anyone know who the Dive Master was on Emerald that day? I saw reference to the Dive Master helping David at the surface in these posts on Scubaboard. Is his name Josh?
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12-23-2016, 12:17 PM | #38 | |
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
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When one of us passes away it is felt through out our dive community. |
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12-24-2016, 11:26 AM | #39 | |
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
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How could the business model used for scuba charters in South Florida, support paying enough big guys to be crew, just in case such a scenario would occur? Would each diver on the boat always be willing to pony up the normal $20 tip, and then add one or 2 more 20's to the 2 other guys needed? |
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12-24-2016, 09:47 PM | #40 |
Slagin' Steel
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Location: West Palm Beach
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Re: RIP David Ley - Firefighter Diver On Emerald Dive Charter Passed Thanksgiving 201
You should be very careful when dropping names. Especially if you weren't there and truely have no idea what happened. Better to just keep your mouth shut.
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