Diver in California Sues for Being Left

[wolf eel]

ironpaw2000 I disagree because:

1) He is not experienced enough to be diving rigs in 700ft+ water. (24 dives is no where near experienced enough) If he wants to do that, he should have an experienced dive buddy with him who can watch over him.

I think he may have been told something along those lines. It does seem odd how he lacked experience yet they let him on that dive ? Is it his over confidence that got him in trouble or the over confidence of the DM.

2) As has been said, he was in a "loose" group. He should have made himself known to the other divers and

Sounds to me like he had.

THEY should have been aware of him.

They are bad buddys then because they should have responded to the missing diver ?And asked where he was.

 

[Azza]

The point is in HIS mind he could not do the swim for what ever reason he had it just does not matter because he should not have been there.

No he shouldn’t have been there. He should have immediately surfaced when his buddies left him to sort out his equalizing problems instead he decided to follow bubbles, after he managed to equalize, down to 105 feet where he couldn’t find them and then decided to surface. However he surfaced 150 feet away from the boat and himself stated “I didn’t swim to the boat because I thought they would come and get me”. Did he blow his whistle or inflate a safety sausage or flash a mirror or swim to the boat? NO! He decided to be a lazy prick and wait for them, with apparently no attempt to even inflate his safety sausage.
If he was not capable swimming 150 yards he shouldn’t have been in the water, especially out in the open ocean like that.

I tend to agree. But He did nothing wrong to be in the water alone. The only way to have him at any fault would be if he jumped back in after being check out of the water. (on the boat).

What!?!? He did nothing right! Let’s examine what he did or didn’t do.

1/ He was diving in the open ocean with the experience level of 24 dives.
2/ Didn’t ensure he had suitable buddies. He should have talked to them and made sure they were responsible buddies.
3/ He didn’t surface after his buddies left him.
4/ He followed (imaginary?) bubbles down to 105 feet by himself, which in all likelihood was diving past his certification level. I admit I am speculating on the cert level.
5/ He surfaced 150 yards away from the boat and didn’t attempt to swim to it.
6/ Didn’t raise a safety sausage
7/ Didn’t blow on his whistle
8/ Apparently didn’t listen to the DM’s instructions about staying inside the perimeter of the rig.

What did his buddies do wrong?

1/ Didn’t stop to make sure he was ok when he had equalizing problems.
2/ Left him, in all likelihood on purpose because he was slowing them down.
3/ Didn’t even realise he wasn’t on the boat after the first dive.

Now what did the DM do wrong?

1/ Let him on the charter in the first place.
2/ Signed him in when he clearly wasn’t.

What did the Captain do wrong?

1/ Trusted the DM to do his job properly and therefore was negligent as the ultimate responsibility is his.

So all these chain of events caused this problem. Nearly everyone on the boat was negligent that day but Dan was by far the most negligent. And he is suing!!!
The cheek of him, to sue someone else, when he was more negligent than anyone. He is even taking it to the extreme of claiming skin cancer for 5 hours in the sun with a bloody wetsuit on.
I live in a country where the Ozone layer has huge holes in it from greenhouse gasses and people burn very easily here. I have very rarely worn sunscreen in the last 30 years or so and have never had a melanoma. And he is saying he has skin cancer?!?!?!? BOLLOCKS!!

 

[Potapko]

Is there any surprise that this suit is taking place in America????????



Stella Awards

It's once again time to review the winners of the annual Stella Awards.
The Stellas' are named after 81-year old Stella Liebeck who spilled
coffee on herself and successfully sued McDonald's. That case inspired
the Stella Awards for the most frivolous successful lawsuits in the
United States.

THIS YEAR'S AWARDS GO TO:

5TH PLACE (TIED):

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury of
her peers after breaking her ankle tripping over a toddler who was
running inside a furniture store. The owners of the store were
understandably surprised at the verdict, considering the misbehaving
toddler was Ms. Robertson's Son.

5TH PLACE (TIED):

A man, 19-year old Carl Truman of Los Angeles, won $74,000 and medical
expenses when his neighbor ran over his hand with a Honda Accord. Mr.
Truman apparently did not notice there was someone at the wheel of the
car when he was trying to steal the hubcaps.

4TH PLACE:

Jerry Williams of Little Rock, Arkansas was awarded $14,500--and
medical expenses--after being bitten on the buttocks by his next door
neighbor's Beagle dog. The Beagle was on a chain in its owner's fenced
yard. The award was less than sought for because the jury felt the dog
might have been a little provoked. At the time, Mr. Williams, who had
climbed over the fence into the yard, had been shooting it repeatedly
with a pellet gun.

3RD PLACE:

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster,
Pennsylvania, $113,500 after she slipped on a soft drink and broke her
coccyx (tailbone). The beverage was on the floor because Ms. Carson had
thrown it at her boyfriend 30 seconds earlier, during an argument.

2RD PLACE:

Kara Walton of Claymont, Delaware sued the owner of a Night Club in a
neighboring city when she fell from the bathroom window to the floor and
knocked out two of her front teeth. This occurred whilst Ms. Walton was
trying to sneak in the window of the Ladies Room to avoid paying the
$3.50 cover charge. She was awarded $12,000 and dental expenses.

1ST PLACE:

This year's runaway winner was Mr. Merv Grazinski of Oklahoma City,
Oklahoma. Mr. Grazinski purchased a brand new Winnebago Motor-home. On
his trip home from an OU football game, having driven onto the freeway,
he set the cruise control at 70 mph and calmly left the driver's seat to
go into the back and make himself a cup of coffee. Not surprisingly, the
RV left the freeway, crashed and overturned. Mr. Grazinski sued
Winnebago for not advising him in the owner's manual that he could not
actually do this. The jury awarded him $1,750,000 plus a new Winnebago
Motor-home. The company actually changed their manuals on the basis of
this suit just in case there were any other complete morons buying their
recreational vehicles!

UNBELIEVABLE !

 

[jbd]

Is there any surprise that this suit is taking place in America????????



Stella Awards

It's once again time to review the winners of the annual Stella Awards.
The Stellas' are named after 81-year old Stella Liebeck who spilled
coffee on herself and successfully sued McDonald's. That case inspired
the Stella Awards for the most frivolous successful lawsuits in the
United States.

THIS YEAR'S AWARDS GO TO:

5TH PLACE (TIED):

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury of
her peers after breaking her ankle tripping over a toddler who was
running inside a furniture store. The owners of the store were
understandably surprised at the verdict, considering the misbehaving
toddler was Ms. Robertson's Son.

5TH PLACE (TIED):

A man, 19-year old Carl Truman of Los Angeles, won $74,000 and medical
expenses when his neighbor ran over his hand with a Honda Accord. Mr.
Truman apparently did not notice there was someone at the wheel of the
car when he was trying to steal the hubcaps.

4TH PLACE:

Jerry Williams of Little Rock, Arkansas was awarded $14,500--and
medical expenses--after being bitten on the buttocks by his next door
neighbor's Beagle dog. The Beagle was on a chain in its owner's fenced
yard. The award was less than sought for because the jury felt the dog
might have been a little provoked. At the time, Mr. Williams, who had
climbed over the fence into the yard, had been shooting it repeatedly
with a pellet gun.

3RD PLACE:

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster,
Pennsylvania, $113,500 after she slipped on a soft drink and broke her
coccyx (tailbone). The beverage was on the floor because Ms. Carson had
thrown it at her boyfriend 30 seconds earlier, during an argument.

2RD PLACE:

Kara Walton of Claymont, Delaware sued the owner of a Night Club in a
neighboring city when she fell from the bathroom window to the floor and
knocked out two of her front teeth. This occurred whilst Ms. Walton was
trying to sneak in the window of the Ladies Room to avoid paying the
$3.50 cover charge. She was awarded $12,000 and dental expenses.

1ST PLACE:

This year's runaway winner was Mr. Merv Grazinski of Oklahoma City,
Oklahoma. Mr. Grazinski purchased a brand new Winnebago Motor-home. On
his trip home from an OU football game, having driven onto the freeway,
he set the cruise control at 70 mph and calmly left the driver's seat to
go into the back and make himself a cup of coffee. Not surprisingly, the
RV left the freeway, crashed and overturned. Mr. Grazinski sued
Winnebago for not advising him in the owner's manual that he could not
actually do this. The jury awarded him $1,750,000 plus a new Winnebago
Motor-home. The company actually changed their manuals on the basis of
this suit just in case there were any other complete morons buying their
recreational vehicles!

UNBELIEVABLE !

Looking over the Stella awards above---Hmmm :06: (pondering--pondering--pondering)
:idea3: Yep!! I think the Captain should consider filing suit against Mr. Carlock. It would certainly be no less ludicrous the the above. I suggest asking for $8,000,000.

 

[Azza]

Is there any surprise that this suit is taking place in America????????



Stella Awards

It's once again time to review the winners of the annual Stella Awards.
The Stellas' are named after 81-year old Stella Liebeck who spilled
coffee on herself and successfully sued McDonald's. That case inspired
the Stella Awards for the most frivolous successful lawsuits in the
United States.

THIS YEAR'S AWARDS GO TO:

5TH PLACE (TIED):

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury of
her peers after breaking her ankle tripping over a toddler who was
running inside a furniture store. The owners of the store were
understandably surprised at the verdict, considering the misbehaving
toddler was Ms. Robertson's Son.

5TH PLACE (TIED):

A man, 19-year old Carl Truman of Los Angeles, won $74,000 and medical
expenses when his neighbor ran over his hand with a Honda Accord. Mr.
Truman apparently did not notice there was someone at the wheel of the
car when he was trying to steal the hubcaps.

4TH PLACE:

Jerry Williams of Little Rock, Arkansas was awarded $14,500--and
medical expenses--after being bitten on the buttocks by his next door
neighbor's Beagle dog. The Beagle was on a chain in its owner's fenced
yard. The award was less than sought for because the jury felt the dog
might have been a little provoked. At the time, Mr. Williams, who had
climbed over the fence into the yard, had been shooting it repeatedly
with a pellet gun.

3RD PLACE:

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster,
Pennsylvania, $113,500 after she slipped on a soft drink and broke her
coccyx (tailbone). The beverage was on the floor because Ms. Carson had
thrown it at her boyfriend 30 seconds earlier, during an argument.

2RD PLACE:

Kara Walton of Claymont, Delaware sued the owner of a Night Club in a
neighboring city when she fell from the bathroom window to the floor and
knocked out two of her front teeth. This occurred whilst Ms. Walton was
trying to sneak in the window of the Ladies Room to avoid paying the
$3.50 cover charge. She was awarded $12,000 and dental expenses.

1ST PLACE:

This year's runaway winner was Mr. Merv Grazinski of Oklahoma City,
Oklahoma. Mr. Grazinski purchased a brand new Winnebago Motor-home. On
his trip home from an OU football game, having driven onto the freeway,
he set the cruise control at 70 mph and calmly left the driver's seat to
go into the back and make himself a cup of coffee. Not surprisingly, the
RV left the freeway, crashed and overturned. Mr. Grazinski sued
Winnebago for not advising him in the owner's manual that he could not
actually do this. The jury awarded him $1,750,000 plus a new Winnebago
Motor-home. The company actually changed their manuals on the basis of
this suit just in case there were any other complete morons buying their
recreational vehicles!

UNBELIEVABLE !

LMAO. That is too funny. How do these people get away with it.

 

[MaxBottomtime]

I think next year's Stella awards will include the woman last week who won a suit against the two teenage girls who baked cookies for her. She was so startled when they rang her doorbell and left that she had to go to the hospital the next morning because she was still shook up.

 

[LegoPacific]

Another urban legend. See http://www.snopes.com/legal/lawsuits.asp

But Grifting Dan's story could surely qualify as #7

 

[jbd]

I think next year's Stella awards will include the woman last week who won a suit against the two teenage girls who baked cookies for her. She was so startled when they rang her doorbell and left that she had to go to the hospital the next morning because she was still shook up.

I saw that on the news. I wish I had been the judge. My decision would have been,"Lady, you were offered a reasonable settlement for your alleged duress. You declined that offer and brought a frivolous suit to court. For your troubles you can pay your legal fees, court costs, the legal fees of the defendants, and your medical bills."

If I'm not mistaken all she got was her medical bills paid.

 

[wolf eel]

Azza
First I live in Canada this law suit would make it about as far as the news paper then it would be trashed. Second how the law works is if you leave somebody doing the BOB for 5hrs are you ever going to have a law suit against you. The concept of money for him I do not agree with at all. But the fact remains that is how others go about thier daily life. So if you are going to play the game expect people to play the other game and then you will expect this and never let it happen. Sorry but they left a guy doing the BOB after allowing him on a dive he had no right doing. **** he had so little experience that he had no real training at all and at first thought they would come and pick him up and then off they go, not much you can do now. Only after the biggest mistake of them all he was checked as if he was out of the water and on the boat THAT IS THE ONLY REASON HE WAS LEFT BEHIND The law suit is about being left behind thats it thats all. nothing else just the plain fact the boat left. Now if he had been eaten by a shark we would have no idea when or where he had gone missing why because he had been checked out of the water and on the boat at the last dive site so he must have fallen off the boat ?????? that would have been great to hear how that would have been his fault.

 

[Azza]

Azza
First I live in Canada this law suit would make it about as far as the news paper then it would be trashed. Second how the law works is if you leave somebody doing the BOB for 5hrs are you ever going to have a law suit against you. The concept of money for him I do not agree with at all. But the fact remains that is how others go about thier daily life. So if you are going to play the game expect people to play the other game and then you will expect this and never let it happen. Sorry but they left a guy doing the BOB after allowing him on a dive he had no right doing. **** he had so little experience that he had no real training at all and at first thought they would come and pick him up and then off they go, not much you can do now. Only after the biggest mistake of them all he was checked as if he was out of the water and on the boat THAT IS THE ONLY REASON HE WAS LEFT BEHIND The law suit is about being left behind thats it thats all. nothing else just the plain fact the boat left. Now if he had been eaten by a shark we would have no idea when or where he had gone missing why because he had been checked out of the water and on the boat at the last dive site so he must have fallen off the boat ?????? that would have been great to hear how that would have been his fault.

All I am saying is that he is a cheeky prick for bringing this lawsuit against the captain and LDS. They have already had a lawsuit against them from the authorities. They got their punishment. Now what makes this guy think he has the moral and ethical right to bring a lawsuit against them when he made more mistakes than them.
I agree that he should never have been left behind but he didnt even bother to help himself for christ sakes. This guy is a waste of perfectly good oxygen that other people with a little more CDF could be breathing.
Regards
Azza