Falling into Dive Boat

[Shasta_man]

Hmmmm...I got the point of his question immediately: Is there any thought of liability for parking the boat at the pier when they saw already that it was beating the crap out of the pier. I would guess probably not, though there is probably more liability here then you guys would like to think. You should have DEMANDED they move the boat immediately! Then pulled up a slice of beach while they drove away laughing at you.

Now you know that this board and most of the Internet is unfortunately not a place to ask questions or state opinions because for one civil response, positive or negative, the rest beat you with your question or your opinion until it matches theirs. Think of it this way; they were all at home guarding the Internet while you were out diving and screwing up your leg.

 

[cappyjon431]

I was inclined to give the OP the benefit of the doubt about his intentions to sue until I heard about his threatening PMs. This kinda damages his credibility in my book.

All I can say is that I am glad I moved to Panama where common sense still prevails in the legal system. If this had happened at my shop (and thank goodness it hasn't), the magistrate would have gotten a good laugh at someone calling for gringo justice here in Central America. We might be third world, but perhaps the civil/legal system here is a little more advanced than in our more developed neighbors to the north.

 

[merxlin]

I think had he said "responsible" or anything other than "liable" it would have received a much different range of responses. If I hear "Liable" I automatically think someone is looking for someone else to sue (I'm from California, the Sue-Me state). Think of how you would have responded if he had asked:

Should the boat operator have docked under these conditions?
Should the Dive Op have made other arrangements because of the conditions?

I do feel bad that he was injured as badly as he was. But unless he is trying to get money from them, why ask the questions in the first place? I'd respect the hell out of him had he posted it as "Boat Entry- Be Careful!" and told what happened to him as a cautionary tale. He would have gotten a few responses about being clumsy or that he fell because he was wearing a BC and not a BP/W , but I believe most people would have been very sympathetic.

 

[Diver0001]

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A ScubaBoard Staff Message...

Ok. The thread has been cleaned up and re-opened.

I deleted quite a few posts to deescalate things. If yours was one of those then don't take it personally.

Let's try to move on without any more dog-piles about personal responsibility. The point has been made.

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[Shasta_man]

The dog-pile looks pretty lumpy. Seems like the vocal defender of all things tough was left with more than his share of punches to the throat. Luckily 15 foot swells are nothing to me so I wasn't affected by the comments.

 

[cavew0man]

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A ScubaBoard Staff Message...

I deleted quite a few posts to deescalate things. If yours was one of those then don't take it personally.

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It's just a flesh wound....

 

[cappyjon431]

So what happened to my post? It was not inflammatory or nasty, but it seems to have disappeared once this thread became locked. I didn't send any threatening emials or PMs to anyone. What gives?

 

[Diver0001]

I deleted everything after a certain point in the thread. It's not personal.

R..

 

[Peter Guy]

While perhaps not totally surprised by the posts to this thread (those that remain and those that, well, let's just say, had a fleeting moment of flame), I think most of them were both a disservice to the OP and, quite frankly, may also have been wrong.

I don't recall that the OP ever identified the jurisdiction (if it was, I apologize), but at least in the "common law" jurisdictions, there IS a "duty of care" owed by the boat operator to the customer. Now we all know that the first thing that is done (and generally before leaving the dock) is for everyone to sign a waive of liability and release -- and I'd be willing to bet the OP signed such a document.

BUT, just because one has signed the document, "common sense" (and common courtesy, something which is, at times, in short supply) would still obligate the boat operator to take reasonable and necessary steps to protect the clients. The OP might have waived her right to hold the operator liable for damages (and my guess is that they were substantial) but the operator should still have made sure its guest/client was provided with a reasonably safe journey.

IF you all think this was a reasonably safe journey -- that's your decision. But just to say "Well, YOU are responsible for your own actions" is giving away too much of the operator's responsibility too. Remember, in this situation, the operator is the expert and should make sure the client is safe.

Most of you seem to want to only have one side be responsible -- but BOTH sides need to own up to their responsibilities.

 

[Doc Harry]

Who is liable? Depends....

If the dive operator put a gun to your head and forced you to board, then you definitely have a case. Contact a lawyer.

If you willingly boarded of your own free will, then you are liable. Of course, for the price of a free consultation you can probably find a few thousands lawyers who would be willing (and eager) to pervert justice by finding some way of extorting money from someone with deep pockets.