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Old 05-13-2016, 09:39 PM   #21
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City: Toledo
Country: USA
Join Date: Dec 2015
Posts: 86
Originally Posted by choppywater View Post
I will be in court most of next week for a diving accident that happened last year.

There was a group of 8 boats in our group. Part of them were running mix gas with dual tanks with a bail out. The second group were running different types of re breather setups.

Another boat pulled up from a distance and 2 divers entered the water. 2 divers went into the water both running single tanks. The depth was 100 to 115' so I know they would not be able to hit bottom with what they had, but I see all the time where divers will swim around 30' down on a tank and have the same amount of fun as we do at bottom.

We ended up pulling both bodies from the water. They are trying to say that each boat had a dive master. They are trying to sue the 8 of us for a 8 figure amount because we should of know better and are trying to hold us responsible for the 2 deaths.

Over all I think I have been involved in 20 to 25 wrongful death suits in one way or another. I worked hard to get to live the life style I have and I'm not going to kill it for taking on liabilities that that I do not have to.

Need to add...

I should of added that this lawsuit has already cost me $100,000 in lawyer fees and travel experiences. I have also been stuck at the same port for about 3 months will all the meetings I have had to have with all the different lawyers. During this time I have lost a lot of work hours and my business has suffered.

Hopefully the counter-suit will make you close to whole again.

The other way to think about this is what if one of them had lived because you guys drug them out?

Part of our curriculum is a longitudinal course that we affectionately call "Doctor 101" which basically covers the business/ethics/logistics of being a doctor - the two take aways from the lectures on malpractice were basically (1) The best way not to get sued is to be a nice guy (this is backed up by data - independent of competence/error patients who have good report and like their docs don't sue) and (2) Never let the fear of liability deter you from helping in an emergency. Good Samaritan laws aside people hardly ever are sued and even more rarely have a judgement against them for rendering aid regardless of the outcome. It sounds like you ended up as one of the statistics.

As a diver I am interested though - is there something about the sport that makes it particularly litigious? I always sign my life away everytime I go out it seems but I do hear about suits fairly often on the Scubaboards.

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Old 05-14-2016, 08:23 AM   #22
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City: Norfolk
Country: VA
Vessel Model: 48' duck
Join Date: Aug 2015
Posts: 47
Sorry O C Diver.
They looked like a 50's or smaller when they went in. When we pulled them from the bottom they both had 40's.

It happened right after the morning dive. We were repacking our re breathers when they went in. They were in the water about an hour when the radio call went out asking for help. There family in the boat had no idea about any of there equipment or the time that they went into the water.
Some people searched the top side and a couple people were able to dive right away. They were not found till about 4 hours after they went in.

Any time your trained to do something besides drive a car somehow others think you should be in charge of every persons safety/life around you. You never hear about someone getting sued for not stopping a speeding car that hit a tree killing the driver a mile down the road. If you read the Scubaboards I'm sure you have read about where someone did something stupid killing them self and then the family sueing someone, because they had more training.

The last dive shop I was at there was a sing at the door saying that your not allowed to talk about diving in any way shape or forum when in there store. I watched them kick out a couple because they asked if there were any nice places to dive with in an hour of the store; they had around $500 worth of equipment at the register when they were walked out.

The counter suit is a joke. They had to sell there pinto of a boat to live on, they live in an apartment, and they drive a junker. Last time there was a running joke about the cost of our lawyers it was over 500,000 total and that was months ago.

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