Diving, Fitness, Obesity and Personal Rights

[gcarter]

You can ask the judge to award costs. S/he may or may not do so, depending on the facts. The likelihood goes up if it is a blatantly frivolous or malicious case, but not a lock.

 

[WarrenZ]

That only works if you can ever collect from the idiot who sued you.

 

[agilis]

A question for US folks:how does US judicial system works? If you sue someone and you lose, do you have to pay all defendants expenses regarding lawsuit?

Almost never. It depends somewhat on the state, but no matter where, there is a great reluctance to limit litigation in most US courts. That's, after all, where some serious money is made .Judges are part of the legal profession, and the almost universal attitude is that if an unsuccessful litigant had to pay all costs people would hesitate to bring lawsuits.

There is a kind of natural filter in the tort spoils system. Lawyers will take a strong case (doctor cut off wrong leg) for a percentage of the judgement or settlement, usually 40%.

One result is the expansion of the concept of liability, the reason you see boldly printed warnings on packages like 'Do NOT eat this rat poison'.

 

[dmaziuk]

One result is the expansion of the concept of liability, the reason you see boldly printed warnings on packages like 'Do NOT eat this rat poison'.

See also: dive computer manuals that start with "YOUR GONNA DIE if you dive with [any] dive computer"

 

[redacted]

.
Lawyers will take a strong case (doctor cut off wrong leg) for a percentage of the judgement or settlement, usually 40%.
'.

Even that is not a sure bet. I knew a Dr who did just that late one night in the ER. When he realized his error he still had to amputate the other leg. Long story short, when it got to court, the judge threw the case out. Plaintiff did not have a leg to stand on.

 

[DustyC]

This argument assumes there's plenty of other jobs available and everyone's hiring. IME the only place that was somewhat true was the USSR and even then it wasn't quite how it worked IRL.

And even if it did, methinks it'd maybe work out if you're changing careers from waiting tables to janitorial services. Switching from marine biology to washing dishes is slightly different story (and a waste of a perfectly good marine biologist).

So yeah, you shouldn't do stuff you're not cut out for, but how about stuff you are cut out for and are good at -- except when the customer is a 300-lb walking heart attack who couldn't get to their junk without a boat elevator.

I don't care if there are other jobs available or not. If you don't want to deal with risks of a certain job, don't do the job. It's called "being responsible"

 

[chillyinCanada]

Even that is not a sure bet. I knew a Dr who did just that late one night in the ER. When he realized his error he still had to amputate the other leg. Long story short, when it got to court, the judge threw the case out. Plaintiff did not have a leg to stand on.

Grrooaannn . . .

 

[mckinness]

Since fire fighters and paramedics sometimes have to evacuate seriously compromised people from residential areas, whether due to smoke inhalation, heart attack or whatever, and could herniate a disk trying to get a fatty down stairs, perhaps we should pass laws that obese people can't live above the 1st story of buildings. After all, we wouldn't want rescue workers getting injured moving them, or sued for failure to do so, right?

Richard.

As a professional firefighter/paramedic I can assure you that we have to deal with obese patients and victims everyday. It's so bad here in Memphis MFD has to bariatric ambulance units that the guys refer to as fat ass 1 & 2 for transporting the morbidly obese. It's a problem for us also. In a house fire we risk all to save a life but when you can't get the number of men in an area to lift someone say 400lbs in a blazing house fire the outcome is usually a fatality. I am a new DM and have never worked as a DM, but my street experience tells me that those who are that overweight are at risk in all walks of life. Whether it's on a golf course, high rise building or a dive boat. I really think it's on the individual. The problem is nobody wants to take responsibility for their own actions and lifestyle. Most people of low character had rather sue or bring about litigation for compensation. Instead of saying it's my fault I'm a disgusting fat lazy human being and I'm gonna put everyone at risk in a possibly dangerous situation because it's my right and if you don't help me or let me I'm gonna sue. It's hard for a business or any of us to put limitations on the masses but a private and real conversation with those who are obviously a risk should always take place. Do you think it's fair to have to set next to a person on a plane who obviously needs two seats but has managed to squeeze into their seat and take up half of yours? Being obese causes problems in all areas of life but it's a real problem when your weight starts to effect others in public. I think you should have the right to be honest with people in a tactful way. Thats my two cents.