Collecting Data and Investigating a Diving Accident: Focus on the European Law

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Collecting Data and Investigating a Diving Accident: Focus on the European Law

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Title: Collecting Data and Investigating a Diving Accident: Focus on the European Law
Author: Jaeck, MJ
Abstract: Recreational diving accident litigation and the tightening of case law has contributed to a major liability exposure change in Europe, resulting in the need for all parties to collect evidence and make genuine investigations into the causes of an accident if they want to be suitably compensated or not be held liable through lack of evidence. Force majeure and the admissibility criteria have also changed. Not only is irresistibility of an event a factor, but the demand that proof of unforeseeability must now also be brought. A review of the new European liability regime is discussed and its effect on dive professionals and package travel considerations. A complete reversal of the burden of proof is now the norm, since henceforth tourism professionals are ipso jure responsible for any injurious event occurring during a consumer’s holiday.
Description: Copyright © 2011 by Divers Alert Network, 6 West Colony Place Durham, NC 27705. This book is available for download at no cost as a PDF file from the Divers Alert Network website (http://www.DiversAlertNetwork.org/). Opinions and data presented at the Conference and in these Proceedings are those of the contributors and do not necessarily reflect those of the Divers Alert Network.
URI: http://archive.rubicon-foundation.org/9314
Date: 2011

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