DMs can get in trouble?

[ItsBruce]

I hate to say it, but many lawyers figure that the best way to find out if someone has deep pockets is to sue them and find out. Unfortunately, its not much more difficult to sue 5 people instead of 3 and then to shake a few of of the non-deep pockets down for enough money to fund the suit against the real deep pockets.

Part of the problem is that law schools are graduating so many people that there are more lawyers than good cases. That means those who aren't good enough to get good cases, have to invent them. The other part of the problem is that people have been so desensitized to stupid lawsuits and huge verdicts that when they serve on juries, they are willing to give huge verdicts on stupid cases. This, of course, only serves to embolden the scavangers. (Scavangers means people who figure that they should get a million dollars because they got a scratch as well as the lawyers who will take their cases.) (If I ever get like that, drown me.)

End rant.

 

[superstar]

ItsBruce,
If you get that way we will book you on a hunting trip with Dich Cheney.

 

[RockPile]

Where does that say DMs have been sued...If you know of one bonafide case of a DM being sued post it here.

You didn't believe DMs have been sued and asked for examples. I then posted two bonafide cases.

You have yet to prove your point.

I'm confused because I'm not really proving a point (except to you maybe). It sounds suspiciously like you've already made up your mind that DMs have special protections from the law. I promise, they don't.

As for the insurance, I don't know if the risk justifies the cost. I don't know where I lost you but I just pointed the insurance out and said that someone must be purchasing it (for whatever reason, good or bad).

I'm going to assume that I still haven't proved my point.

Good luck.

JB

 

[Thalassamania]

I do know of one case.

 

[RockPile]

I do know of one case.

Any chance you know the names of the parties involved? I'm in “compiling mode” and can use all the info I can get.

Thanks,
JB

 

[Thalassamania]

Unfortunately no. All I may tell you is that it was on the Gulf Coast about seven years ago and involved a diver who was bent and then neglected after surfacing despite what I feel were clear symptoms.

 

[wedivebc]

It sounds suspiciously like you've already made up your mind that DMs have special protections from the law. I promise, they don't.

I do not believe that at all . I don't believe that DMs are any more liable for their actions as divers than any other buddy arrangement in diving. I do believe that the legal climate that has been created by courts that allow frivolous claims and lawyers who are more intrested in lining their pockets than their clients needs have created an industry where paranoia has replaced common sense.

I should have asked for examples where DMs have been sucessfully sued. I'm sorry I wasn't clear on that.

 

[Thalassamania]

Anyone can sue anyone else, at anytime. However, in my experience, when you track down the details of the really strange suits the actual story usually does not jibe with the story that you've heard. Very few lawyers are willing to waste their time on a case that clearly will not pay off.

The best thing the diving industry could do to minimize lawsuits would be to take a page from the skydivers and switch to "defense only" insurance. Then there's no big pot to go after in front of a jury that does not understand jack about diving.

 

[all4scuba05]

In a perfect world, I as a DM would check C-cards. Check logbooks. Choose the dive location according to their abilities and conditions. Then, I stay on the boat to help them get back on at the end of their dive. Could any lawyer here tell me what I would be guilty of in that scenario? And why would you take the case against me ?

 

[pusser]

In a perfect world, I as a DM would check C-cards. Check logbooks. Choose the dive location according to their abilities and conditions. Then, I stay on the boat to help them get back on at the end of their dive. Could any lawyer here tell me what I would be guilty of in that scenario? And why would you take the case against me ?

If you do everything expected of you I don't see how you would lose a lawsuit against you. I agree with others that anyone can sue anyone but I don't believe a DM is a very big target in the lawyers sights, especially if they are doing their job.
I know 2 people who have been struck by lightening so there ya go.