Falling into Dive Boat

[Whatgoesdown]

So to get back on track and try to find something constructive for the future readers of this thread.

As someone who has been handling boats for about 25 years now, my first decision when I bring a boat in to the dock is: Can I do this without mashing the boat up? If the answer is 'no' I don't bring the boat in. If I can get the boat on the dock there is a good chance that the majority of people can get on board without incident and assistance and advice are offered if required. Now if it all goes awry the customer has signed a waiver, I'm insured, the company is insured and we will go to court if we have to, I haven't had to yet.

However, the injured party needs to ask themself what they really want out of the whole thing. If they were insured and received compensation for any injury they are back at square one. If they want a refund for missed dives, for sympathetic reasons they'll probably get it. If they want to be compensated for injured pride, I hope the court will throw it out. The shop is not going to refund everything and pay for bills because that could be construed as an admission of guilt.

Boats up against a dock do tend to move in a predictable way. You can see waves coming and know what is going to happen when they reach you. If you lack experience in making the right decision you have an obligation to inform those around you who will assist you in deciding whether to proceed or not. Peer pressure should not come into the equation. The boat is the most dangerous piece of equipment involved in diving, it is big and heavy, has sharp moving bits, bounces up and down and doesn't have brakes. And, if there is a rule number one it is, DO NOT PUT ONE FOOT ON THE BOAT AND KEEP THE OTHER ON THE DOCK!

 

[cavew0man]

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....

OK, I don't generally get all up in this sort of stuff, but come on. Consider the following.

1. "As a result of this accident I suffered injury to my left leg and knee and was unable to dive the rest of this trip".

Not, "I suffered a serious injury that involved broken bones and was really serious" I would quote his later post, but it's gone. So, for anyone who made light of his injury, well, hey..... we didn't know it was anything more than a opportunistic sprain.

2. Followed by....
My questions in regards to this accident.
1. Is the dive boat operator liable for this accident?
2. Is the resort property owner of the pier liable?
3. Is nature liable for this incident ?

Liable, liable, liable! Not responsible.... liable. So, if our initial reaction is, hey! frivolous lawsuit, come on down! forgive us.

Maybe with number 3, "is nature liable?" he/she was trying to be funny. Maybe we were all supposed to figure it out from that. Maybe if the OP had said "Am "I" liable?" we would got have the joke, if it was intended to be one. But, obviously, we didn't.

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

Of course they do (both sides, responsibility). And I don't believe for an instant that anyone here would say otherwise. But when presented with a story that reads just like what you're going to say in court, followed by (again) liable, liable, liable.... well, the OP just loses all credibility.

Sorry if it was misinterpreted, but hey.... think before you type.

 

[Deep-6]

With all due respect diving, even in optimal conditions, is an inherently dangerous activity. Since you boarded the boat by your own pretenses, and in doing so, did it incorrectly, I would have to say the burden lies with you alone. Sorry, just my opinion.

 

[DM Gary]

This would be like bungee jumping and suing for the stress forced on your back. We all risk many dangers while diving, one the least is twisting a knee.

Forget consulting a lawyer and realize you put yourself in a dangerous position and not injured very badly.

 

[vladimir]

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

R..

Nor is it what I'd consider good moderation. It would be better to delete the whole thread than arbitrarily butcher it, in my opinon.

 

[Bratface]

Sorry to hear you were injured and couldn't dive. Do you have dive insurance, are you a member of DAN?

 

[oobel]

Uhhhh...anyone remember signing a waiver? In any case, it's your responsibility, legally, morally and in reality...

 

[Cudabait]

Recently I was on a 5 day dive trip. On the second day of the dive trip,while getting on the dive boat at the pier, it was apparent that the water was very rough and surging at the pier and also on the dive boat. After I handed my dive equipment to someone on the dive boat,I stepped onto the boat with my right foot and leg,as I was preparing to put my left foot and leg onto the dive boat trying to gauge the surge and my timing to step into the boat the dive boat surged to the bottom of the wave,and I fell into the boat.It was apparent as I fell into the boat that my left leg and knee twisted as I fell into the dive boat. As a result of this accident I suffered injury to my left leg and knee and was unable to dive the rest of this trip. At the top of the seawall at this resort they had a glass railing that a couple of glass panels were shattered by the surging wave action on this particular morning. Later that day the dive boat was to return to the pier from which it launched from to drop off divers that loaded the dive boat from that pier. It was decided it would be in the best interest of the divers that loaded at that site to be dropped off at another pier do to the circumstances that occurred earlier in the day with the surging of the waves and of divers being able to safely exit from the dive boat. It was apparent at this particular pier that divers exiting from the dive boat safely would not be attainable because of surging waves and the ability for divers to exit the dive boat without possible injury. Please any feed back would greatly be appreciated.

My questions in regards to this accident.
1. Is the dive boat operator liable for this accident?
2. Is the resort property owner of the pier liable?
3. Is nature liable for this incident ?

I am irate. You post here on SB ( your only post) attemting to gain support in your cause, and to identify a deep pocket to sue. What ever became of what you learned in your basic class? If it didn't look right, you shouldn't have been attempting to do it. It is just this type of action by divers which causes the insurance of dive professionals and boat operators to be sky high!! There is no political correctness involved here at all.......you were trying to board a vessel under conditions that a person exercising reasonable caution would have avoided. You should strive to take responsibility for your actions rather than find others to blame. Much less, come on this board attempting to garner support in a frivolous cause.

 

[NudeDiver]

My questions in regards to this accident.
1. Is the dive boat operator liable for this accident?
2. Is the resort property owner of the pier liable?
3. Is nature liable for this incident ?

I hope you have learned your lesson - and never step foot on a boat again.

Good luck!
ND

 

[gibbsliz]

YOU are responsible. Who get's on a dive boat ONE LEG AT A TIME! Well, maybe in flat seas! You LEAP into the air, and stick the landing! Extra points for an in air maneuver! Seriously, if the boat is a rockin, then one of the best ways to board is to jump in with both feet. You want to be ON the dock, or ON the boat.... halfway can result in... well I guess you found out. I am assuming this was like a six pack, IOW's a small boat. With larger boats you often have to step UP to get into the boat from the dock.

Seriously, Frank Azar may take your case. Actually a LOT of lawyers may take the case but ONLY if you were seriously injured. If you just missed a few dives, they likely won't give you the time of day. I assume you did not pay for the dives you did not do.

If you had trip insurance, than you may get something back.

RonFrank: I love it, but unfortunately, I think she's from Iowa. Only us lucky from from Colorado know who Frank Azar is