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Case Name: Issue Statement: Analysis: Risk Reduction: The facts of this case are as follows: Ocean Dives Inc. ran a diving company in Nanaimo,

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Case Name: Issue Statement: Analysis: Risk Reduction: The facts of this case are as follows: Ocean Dives Inc. ran a diving company in Nanaimo, BC. Lewicki, a taxi cab driver from Ontario, had always wanted to try ocean diving and finally decided to go for it while vacationing on Vancouver Island. He met diving instructor San at Ocean Dives Inc. and was given a form to sign that said that Ocean Dives Inc. was not responsible for "any loss or damage suffered by any person" during the trip for any reason "including negligence on the part of the company." Lewicki was told he would not be able to go on the trip unless he signed the form. It was accepted as evidence that Lewicki was literate and appeared to have read the document. Lewicki attended the training session in Ocean Dive's office before doing his first dive. On the day of the dive Lewicki entered the water with San. Lewicki's speaker malfunctioned and he didn't hear San telling him to slow his descent. Unfortunately Lewicki suffered an injury to his inner ear. After seeing a specialist Lewicki was told he would suffer from painful tinnitus for the rest of his life, which would impact his ability to work. It turns out that San didn't check that the speaker was working before taking Lewicki on the dive trip.

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