Death of diver (Palm Beach County Fl): case settled

[Biotech Diver]

You don't understand proportional liability at all. The marina may very well have settled for a nominal amount as an iron clad defense which is cheaper than keeping lawyers around to defend themselves.
https://www.wilsonelser.com/writabl...te-survey-joint-and-several-liability_mm4.pdf

Oh I do understand. It’s obvious to all they settled because the cost of legal fees and potential loss in court was going to be too high. It’s no different than innocent people pleading guilty to lesser charges to crimes they didn’t commit because they didn’t want to take the chance of losing and spending a long time in prison.

I’m not going to read any links you post. You should be able to support your own arguments without having to do a quick google and post a link to an article you didn’t even read yourself, except for maybe the first two sentences.

 

[rjack321]

Oh I do understand. It’s obvious to all they settled because the cost of legal fees and potential loss in court was going to be too high. It’s no different than innocent people pleading guilty to lesser charges to crimes they didn’t commit because they didn’t want to take the chance of losing and spending a long time in prison.

I’m not going to read any links you post. You should be able to support your own arguments without having to do a quick google and post a link to an article you didn’t even read yourself, except for maybe the first two sentences.

Carry on rambling about how your superior logic is more valid than the actual law

ps FL statute is summarized on page 9

 

[Biotech Diver]

Carry on rambling about how your superior logic is more valid than the actual law

ps FL statute is summarized on page 9

Carry on with a belief system where someone else, especially if they have deep pockets, is always to blame.

We both know you didn’t read any of the information in that link till I called you out on it.

 

[ofg-1]

Carry on with a belief system where someone else, especially if they have deep pockets, is always to blame..

Hell, I agree. I bet that stupid woman bled all over the deck of that guys nice new boat. If someone slipped in the pool of blood, they could have sued her.

 

[Biotech Diver]

Hell, I agree. I bet that stupid woman bled all over the deck of that guys nice new boat. If someone slipped in the pool of blood, they could have sued her.

Sarcasm is fun. Strawman is desperation.

Take the SIP out of this equation and tell me why the marina would be at fault? I’m still waiting for anyone to make a good argument to support this.

 

[Johnoly]

... why the marina would be at fault? I’m still waiting for anyone to make a good argument to support this.

As @rjack321 stated...The executive order was all marina's were ordered to be closed (not open to anyone, not even commercial boats). If I recall correctly, the marina failed to hire 24/7 security services {like most other marinas did} to prevent owners/passengers/repairmen/etc from entering their marina property. If they did hire 24/7 security, they possibly could have blamed the service IMHO.

 

[norwhal]

If the marina closed as per the statute and they hired 24 hour security and kept people out, the boat would never have left the dock in the first place.

 

[Biotech Diver]

As @rjack321 stated...The executive order was all marina's were ordered to be closed (not open to anyone, not even commercial boats). If I recall correctly, the marina failed to hire 24/7 security services {like most other marinas did} to prevent owners/passengers/repairmen/etc from entering their marina property. If they did hire 24/7 security, they possibly could have blamed the service IMHO.

I’m not saying what you are saying is not accurate, but I haven’t been able to find anything saying the marina was responsible to enforce the order. I live here in PBC and I dive pretty much every weekend. I have been out with most of the dive boat operations but I don’t ever recall the marina ever being responsible for enforcing the order. The only information I could find on the details of the closure was this from a local news source:


“The waterways still are open to commercial fishermen, but the sheriff’s office will monitor the water and enforce the closures, the county said.”

I’ll wait for your response since you obviously have information I don’t.

 

[Biotech Diver]

As @rjack321 stated...The executive order was all marina's were ordered to be closed (not open to anyone, not even commercial boats). If I recall correctly, the marina failed to hire 24/7 security services {like most other marinas did} to prevent owners/passengers/repairmen/etc from entering their marina property. If they did hire 24/7 security, they possibly could have blamed the service IMHO.

And BTW, the marinas were open for commercial fishermen, so you are wrong. Maybe you want to check your recollection.

 

[coldwaterglutton]

The marina being open or closed may have been part of the causal chain for the accident, but it was not a proximate cause. Proximate cause must be established to find liability.