DEMA Seminar - How to Avoid Litigation from Scuba Intros and General Instruction

[Peter Guy]

Thank you Thal. In my very limited experience (both in Scuba and in medical malpractice), the cases that really hit -- you look at them and say, "What in world was he [the "pro"] thinking?" And the answer was, he wasn't.

 

[TSandM]

I'm a doctor, so you would expect me to hate malpractice attorneys.

But I have taken care of a couple of patients in my career so far who really NEEDED to be made whole . . . in other words, the decisions made by the treating physicians before I got to them were so egregiously wrong that I could not conceivably envision a data set that would support those decisions. And the patient suffered.

We have had a dive instructor here take OW certified students on a bounce dive to 200 feet, during which one of them lost his life. Should that instructor be sued?

Somebody else posted a story about getting certified in the tropics, where the "instructor" dropped her and her buddy off the boat, and didn't even get in the water with them. If an accident ensued, should that instructor be sued? Or the agency which is permitting him to continue to instruct after multiple filed Q/A concerns?

There are times when people have the misfortune of dealing with someone who is operating way out of the standards of their practice, whatever that practice may be. When those people suffer injury as a result (and especially where the professional has knowledge and training that the clients can't be reasonably expected to be able to evaluate themselves) people should receive some kind of compensation.

We've all read the stories here. Come on, folks!

 

[Mike Ange]

I am appalled by such a malicious and public attack upon Mr. Lessor and his firm. I have known Rick for years and have used him as an attorney for manufacturing company divisions I ran on at least two occasions. He has always impressed me with his knowledge and professionalism. Rick is an attorney and as an attorney he has a duty to passionately advocate for his client. If his honoring that duty in a case adversely affected a party, that is the way the legal system crumbles in the US. It is almost never personal – and another professional should realize that. Furthermore, I do not see what possible benefit this public assault could have, even if there was a legitimate disagreement between Cronin and Lessor. I mean come on how much dirty laundry should we air in this year of tough economies and DEMA soap operas. If you cannot play well with others, please leave the sand box.

As for this seminar – it will be worth taking and I encourage all of you that can to attend.

 

[Scott L]

Hi Peter,

Rick's business is the law and he specializes in maritime, recreational, and commercial diving cases. PADI's business is not the industry. They are in the book publishing and instructional materials business. People seem to forget that part. They have done a good job at being an industry leader at it but make no mistake, they are not in the business of representing the "industry."

Cheers
JDS

Does anyone know how many cases they have also been included as defendants and any record or thought of settelments and verdicts in the past few years? I realize PADI offers a specialized program of commercial general liability coverage provided to instructors/dive masters that is primary in most all cases.

 

[Thalassamania]

Many of the cases that I am familiar with named PADI in the suit. Since in almost every case the issues were settled out of court with non-disclosure agreements in place, I do not know who paid what to whom.

 

[vladimir]

No one complains that it is wrong when a player for one football team goes to another team and then plays against his former team, e.g. Bret Farve playing against Green Bay.

The last time I checked, half of Wisconsin was complaining about that very thing.

 

[PRL]

Well, the presentation was an interesting one. Further more it was videotaped for the public.
I suspect an injunction is in the works, and the video might not make it out.

 

[ItsBruce]

What nonsense! I'm sorry but you clearly just don't get it. Do you really believe surgeons should cut for free? After all, it is only because the patient has a problem, a misfortune, that the surgeon will cut at all.

Or how about tree toppers? (Not that they get rich mind you, but at least they get paid quite well.) They go out and cut trees that are endangering something else -- that is, someone has a misfortune and they clean it up.

Or how about your 24-hour plumber! I don't know about you, but when I have a plumbing "misfortune" I want the plumber here NOW and I really don't care how much I pay as long as they fix it.

Or is it that you just don't like those blood sucking attorneys -- except when they are working for you!

I've been gone for a few days, but felt compelled to comment that attorneys are not the ones who cause the injuries that necessitate their services. Beyond that, the attorneys don't decide who wins or loses or, if the plaintiff wins, how much he or she is awarded. The attorney's job is to marshall the evidence and present it as effectively as possible.

 

[Jax]

Well, the presentation was an interesting one. Further more it was videotaped for the public.
I suspect an injunction is in the works, and the video might not make it out.

Did anyone get the briefing slides? Somebody, get that video on You-Tube!

D***, but this is a PITA! Information like this could do SO MUCH to improve the safety of dive ops. Sometimes, the only way people will pay attention is when there is threat of suit.

 

[PhilEllis]

I suspect an injunction is in the works, and the video might not make it out.

OK, you can't just drop this here without giving us more. Why do you suspect that there might be legal proceedings as a result of this presentation? Was there any type of confrontation during the seminar?

Phil Ellis
www.divesports.com