You're wrong with all three of your points, regarding both the law and how you even define the issues.
But I'm not going to argue with you about this since you clearly know better.
Best wishes.
Michael
I'm not arguing that the case should be brought in one state or the other. I don't know all the facts and don't know the law of either state.
As for your thought that a product manufacturer should be named in the lawsuit, what product are you referring to? The compressor? The air in the...
I have brought a number of product liability lawsuits over the years in both state and federal courts for a wide variety of products. So I have a small amount of knowledge about this area.
In this instance, we don't know the real and full story.
But for purposes of our discussion, and...
Actually, in your example, it would apply. It would apply in a lawsuit against the seller of the air.
In any potential action by the seller of the air against the manufacturer or distributor of the compressor, what you brought up would certainly become a key issue and a possible defense by...
Hmmm, here, product liability is strict liability. The liability attaches to whoever manufactures, distributes or sells a product that is defective, or unreasonably dangerous to the user or consumer.
Your two descriptions of Florida product liability are all basically covered in the...
I don't know product liability law in NC.
But in Connecticut, if the dive operator sold defective air, then the dive operator may be sued for product liability.
Product liability claims are not limited, in Connecticut, to actions against the product manufacturers. They may be brought...
Do you folks know whether the victim's lawsuit is actually based in negligence or product liability?
In Connecticut, the comparative negligence rules for the two are different. So even if NC is a contributory negligence state for negligence claims, it may be different for product liability...
We don't actually know what happened in this case and why the lawsuit was not brought until around 3 years after the incident.
However, it is not so unusual. Whoever previously mentioned that this is unusual or typically indicative of a weak case, I strongly disagree.
Typically, a victim...
That's too bad that there is no concrete answer for you, yet. I hope it stops being a problem/concern and that you keep diving, too.
Best wishes.
Michael
I have a very bad neck which includes a herniation/rupture at C6-7. I always have neck pain as well as pain, tingling and numbness down my right arm into my right hand. I've never noticed it becoming worse during a dive.
What does your doctor say?
Michael
I dove Plum Cove last weekend.
Visibility was about 5 feet.
We also looked at Back Beach, Front Beach and Folly Cove last weekend. The conditions looked so crazy we didn't bother going in and went to Plum Cove instead.
All of that was a week ago, so I don't know what it's like up there...
I was there Saturday morning on the far side of the boat ramp cove.
Visibility was around 10 feet. Incoming tide with lots of jellyfish in that area. Water temps were in the low to mid 50's.
Yeah, the cliff across the right cove with the boat ramp has a goat path down to the water.
I'm wondering, too, what the conditions will be like. If I knew they'd be decent, I'd even consider a pre-dive dive.
Michael
Anybody planning on diving (or thinking about it) at Fort Wetherill this Saturday morning?
I'm going to be across the cove at 10:00 for a Rescue class. If anybody is going to be there earlier, I thought I might stop by and say hello.
Michael
Susan, here is a link to a trip report I wrote for a Cozumel trip earlier this year. Perhaps it will help.
http://www.scubaboard.com/showthread.php?t=86797
Michael
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