THE HEART OF A SOLO DIVER: Once unheard of, Solo Diving is starting to gain acceptance

(DiverWire) Contributing Editor John Flanders talks about the growing acceptance and changes in the industry when it comes to Solo Diving.

I’ve taught many divers to be self-sufficient and written several articles on Solo Diving. Several years ago, this topic was taboo and even scorned by many. The buddy system was rooted firmly in most divers’ minds and only radical non-conformists would even dare think about breeching this tried and true practice. However, as time grew on, the debate took on a depth outside of the normal constraints that solo diving was figurative practices more than a literal practice. Even with a diver right next to you, there was still a possibility that you were a solo diver. The concept of solo diving evolved to a higher level and the pundits, while still holding firmly to their buddy system, even agreed that the idea of practicing emergency drills without the aid of a buddy was a good idea.

Welcome to 2012. Just about every major agency has embraced a self-reliant or solo diver course. Charter companies are reviewing standards and procedures for solo divers. More divers at the recreational level are thinking about self-sufficiency, redundancy, and fault tolerance. Some would say the solo divers have won. But you have to ask … have they?

It wasn’t too long ago I was on a charter boat in California. One of my former “solo diver” students was sitting on the deck preparing for his upcoming dive. I saw him as he handed over his solo diver release to the boat captain (who accepted it with a grimace of suspicion, but accepted it nonetheless). I watched him as he dressed for the cool waters of Southern California. I watched him closely as he wobbled his way to the swim step. It was at this point I stopped what I was doing, walked back to the swim step and stopped him. I asked one simple question: “Where is your buddy?” He laughed, a bit over-confidently, and stated, he was solo diving today. I looked him square in the eye and said, “no you’re not.” At this point, he chuckled uncomfortably. “What do you mean”, he asked. “I am a certified solo diver, don’t you remember?” I told him I remembered his class quite well, but he obviously did not. At that point, I corrected all the problems I saw in my brief inspection.

I could list all the things he did wrong prior to our brief interaction, but his preparation was faulty at every level. The simple fact is, he had a solo diver card and he thought that entitled him to dive without a buddy any time he wanted. However, what he forgot was all the equipment, planning, and preparation that go into solo diving. Simple and obvious points he was missing included (but were not limited to) spare mask, appropriate cutting devices, qualified redundant air systems, and filing a dive plan with the boat crew. He was a solo diver that was breaking every rule in solo diving. But, most of all, he was missing the heart of a solo diver.

The heart of a solo diver is a simple concept. A solo diver is prepared to come back from every dive. In fact, all the planning, preparation, equipment purchases, and mental practices are geared to one objective: Come back from every dive … alive! A solo diver is not someone who just dives on their own, on occasion. A solo diver is someone who is prepared at the highest levels with a host of contingencies for even the most remote problems that may occur. A solo diver does not just review a quick checklist and jump in the water. A solo diver spends weeks, maybe months, reviewing their equipment, reviewing dive plans, getting site briefings from local experts, and learning all the angles that go into a particular dive. A solo diver is someone who attacks every dive with the highest degree of complexity. Yes, even that 30 foot reef dive has protocols of redundancy, self-sufficiency, and fault tolerance. The heart of solo diver beats in one rhythm: Be prepared, come back alive! A solo diver is not just a solo diver when they are alone, but the heart of a solo diver beats on in every dive, regardless of their buddy plan. It never stops beating. At the beginning of every dive, a solo diver knows he can count on himself or herself first should any problems arise.

Thank you John Flanders

Kathy Dowsett
www.kirkscubagear.com

Diving with a buddy - are you liable if anything goes wrong?

Thanks to:::
Andrew Tonge is qualified as a Solicitor and a Barrister. He has been practising law for over 15 years. He is also a PADI Instructor, experienced technical diver and a director at Odyssey Dive Centre Limited, based in Stockport and Wigan. Andrew can be contacted at Nexus Solicitors, Manchester, where he is a partner.

Diving with a buddy is one of the best ways of exploring the underwater water world. No instructors, no knowledge reviews. Just diving!

For most of us, our buddy is a close friend and someone we trust. Someone we know to be a properly trained diver, someone who understands the way we dive. But year after year, divers, in buddy teams, get into difficulty. Year after year, many divers are seriously injured or killed at home in the UK and abroad.

So what happens in these cases? There is no dive school to point the finger at. No instructor or divemaster who was ‘in charge’. If anything happens to your buddy, who carries the can?

If you (or anyone else diving with you and your buddy) take certain steps either before or during or even after the dive, then the law sees that you have assumed responsibility and will impose a duty of care on you.

This means that the law expects you to behave in a particular way. In other words, you must act so as to make sure that you do what is required in any of the circumstances that arise on the dive so as not to harm those with you.

Whether and when the law imposes a duty on a dive buddy is a very complex area of law and it is easier than you think to find yourself on the hook.

For example, if you ‘lead the dive’ you may have assumed responsibility for the welfare of your buddy. This is not only where you are a more experienced or better qualified diver. This does not mean that everyone who ‘leads the way’ underwater becomes responsible in law for their buddies but it is easy to overstep the mark and become so.

Where, say, you are familiar with a wreck and your buddy isn’t, then the law is likely to require you to lead in a way that keeps your less-familiarised buddy safe. This may mean briefing him properly, possibly to the standard required of a wreck qualified dive leader, because in the eyes of the law, that is what you have said you will do.

It’s a little like a car driver, taking a friend for a ride in an articulated heavy goods vehicle. The driver must drive not simply like a car driver or ordinary road user, but as an HGV driver.

It is also very easy to fall foul of this legal conundrum in much less obvious circumstances. A buddy check means that you must do that buddy check as a reasonable diver would. As soon as you take the job on, you assume the duty of care. Maybe not for your buddy’s safety on the whole dive, but as far as checking his kit is concerned.

A loose weight pouch that drops out or a loose cylinder band, that should have been checked by you and which causes injury (or worse) to your buddy, will mean that you have not discharged your duty of care and may be liable in civil law to your buddy or his estate after death.

The same applies to everything you do, during and after the dive.The legal duties of care do not always end when the dive does.

If for example, you are unable to render assistance to your buddy because your alternate air source is not serviceable, then you may be liable for some or all of his injuries, because a reasonable buddy would have had kit that would have been useable by a buddy in trouble.

This is where the rules of diving as set out by organisations such as PADI would be used to assess whether you have behaved in the right way. The PADI diving rules are not the law, but the court, in deciding on how you should have behaved will look to the current reasonable practice of other divers and diver training agencies, in the same way as the court may look to the Highway Code.

Of course, whilst you may not, in certain circumstances, be obliged to attempt a rescue of your buddy, you may, by simply diving with your buddy have impliedly accepted that he can use your alternate air source or that you will dive in particular way (e.g. close enough for him to use your octo) so as not to put him at risk.

If you do attempt a rescue during the dive, or say administer first aid after the dive, you must of course do so, as the reasonable diver or first aider would do. To make the situation worse may leave you liable.

It is worth noting that simply being an instructor or divemaster does not in itself give rise to a duty of care towards the people you dive with, but it may be harder to guard against assuming a duty of care especially if those diving with you are less experienced and qualified than you,
They may be asking questions which you answer in a way that causes you to assume a duty, either in the answers you give, say on how to safely enter the water, or how to configure kit or which route to take to the wreck, right through to a need to closely supervise the divers in the water.
It may not be enough to simply state, at the waters edge, “…it’s every man for himself by the way!” Once a duty of care has been assumed it is legally very difficult to exclude or limit it in cases of personal injury or death resulting from the negligence (behaviour falling below the standard required) of the person with the duty.

The standard of the reasonable diver is an objective standard and is irrespective of a lack or training or expertise. To say that you were not qualified to lead a particular dive or give particular advice is not enough. And where you are better qualified and more experienced than the ordinary, reasonable diver, you may in certain cases be assessed against that higher standard.

In a world where legal action is commonplace and diving as a sport is expanding, with the growth of areas such as deep, mixed gas, technical diving, the dive buddy is taking on a responsibility that must be properly managed.

Check your insurance. Does it pay your legal fees if your buddy (or his relatives) sues you?
Get proper diver training. Dive with a recognised organisation such as a PADI Dive Centre and make sure that you and your buddy know what you are getting into. If you have any doubts, speak to a specialist solicitor.

Kathy Dowsett
www.kirkscubagear.com

How to Identify and Avoid Scuba Diving Risks

Scuba diving is a risky sport. While most people will have a very good dive and never have a single problem, there are still scuba diving risks that can occur at any time. It is very important that you pay attention and are aware of the risks that you could face during a dive.

There are many hidden risks in scuba diving. Some risks can come from nowhere, like a shark attack or bad weather. Others can happen due to errors, like running out of air or having other equipment failure. No matter what causes scuba diving risks, your best defense against them is to be alert and be prepared every time you dive.

Risks involving your equipment are something that are usually easy to avoid. You should always take training classes and be sure that you have the necessary skills to handle a dive. It is important that you also learn about the equipment that you are using. Know how it works and what must be done to prepare it for a dive.

Risks that you can't control, like the weather and shark attacks, can be avoided simply by being observant. Before you dive you need to check out the spot where you will be diving. Check for reports on shark activity and weather reports. Also find out about the water conditions. Doing these things will help you to avoid possible risks in your chosen diving area.

Many scuba diving risks occur because the diver is not in good health. If you have a cold or are suffering from allergies then stay out of the water. You also should not dive if you are taking medications. Being sick or on medication can put you at risk for all sorts of problems because you will not be as alert and focused as you normally would be.

Many scuba diving risks are an issue because they are something divers simply are not aware of or that they do not consider. One such risk is dehydration. Being in the water does not mean you can't become dehydrated. Diving is quite a physical activity, so be sure you are well hydrated before you go out.

Divers can often prevent risks from becoming life threatening situations by diving with a partner. It is a simple rule that you should never dive alone. If you are with someone else they will be able to help you if something goes wrong. Diving alone is a risk itself and one you should never take.

Scuba diving risks do not have to be a part of your diving experience. If you prepare and take all the necessary precautions then you should end up having a great diving experience. If you pay attention and are a smart diver then you should be able to avoid many of the risks of scuba diving.

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Kathy Dowsett

www.kirkscubagear.com