Falling into Dive Boat

[ScubaSteve]

Just for giggles, what would be said about this, hypothetically, if the person that fell was the last one to get on the boat and nobody else fell? Sometimes, people are just clutzy and there is only so much that an operator can do about that. Maybe he had had a little bit to drink the night before and was still waking up. This may or may not be the case, but since there were no other incidents mentioned by the OP I believe there is still a good chance that they were the only one that fell out of all on the boat. I also know that timing the wave can be everything when getting onto a boat in "rougher" seas. But, if one chooses to time it for themselves rather than listen to the charter staff then I believe they chose to forgive any duty of care (non legal opinion of course). Obviously, the OP is going to come on to a site such as ScubaBoard and more than likely give a biased description of the events of that day. I do however believe that based on the somewhat limited information provided by the OP, these are valid points and questions. I know it is speculation but the OP seems to have disappeared from this thread so all we are left with is speculation.

.....there IS a "duty of care" owed by the boat operator to the customer.....

 

[RJP]

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 ?

A quick read of the waiver that you signed will probably tell you that YOU are responsible for the accident.

 

[Gen San Chris]

I love this Board as it really brings out many different ideas about how you should act even if things go wrong! I have been bashed on the head a few time by Banca Boat Outriggers in a choppy sea but I put my head in the wrong place, I do not blame the boat opperator!
I just hope that the leg heals OK and the injured diver gets back to diving the sooner the better and just stores this unfortunate incident in his things not to do again file and gets on with his normal life and has a great future!

 

[openmindOW]

A quick read of the waiver that you signed will probably tell you that YOU are responsible for the accident.

Contrary to popular opinion, it is not always the case that a waiver will protect a Dive Operator.

 

[diverlee]

No one is liable for this except you! Jesus H. Christmas! You saw the surf was rough, you signed a release before you got on the boat. At no time did anyone hold a gun to your head and force you on the boat. Get over it. Stuff happens. And it sounds like the staff took reasonable precautions when they returned to drop the divers off. When getting on a boat in less than optimal conditions you do not do it gingerly. Time the waves, ask for a hand, and jump on. This is no time to be timid or tentative. The fact that some panels were shattered on a railing means nothing to anyone except perhaps some two bit ambulance chasing lawyer. I don't know who trained you, but trying to time waves with one foot on the boat and one on the pier is asking to get hurt. You learned a lesson. Move on.

You took the words right out of my mouth.

 

[Peter Guy]

CaveW -- Honestly, I did (and do) think before I type -- and I did here. I don't know (and I'm going to take a big leap and assume that you don't either) if the OP equated "liable" with "responsible" and she may well have. I deliberately did NOT use "liable" because of the underlying tone of "lawsuit" and chose the other word with an equivalent meaning.

While many of you may not, I firmly believe BOTH parties in this incident have certain "liabilities" or "responsibilities" to each other. In this particular case, the boat operator had the "responsibility" to adequately brief the OP on how to properly board the boat -- and the OP had the "responsibility" to comply with the briefing or decline if it was beyond the OP's capability.

Just because what we do IS inherently dangerous, the rest of the people involved are not absolved of doing THEIR jobs "responsibly." For example, the Reg Tech is responsible for putting the parts back together correctly -- even though it is "my choice" to breathe the reg. Or the fill station operator is responsible for making sure the filters are working properly even though it is "my choice" to breathe the gas in the tank (or do you all think the operator should be free to fill it with 4% CO just because YOU CHOOSE to buy it and breathe it?).

The OP received a real and significant injury as a result of an accident. While she freely chose to be in the position to BE INJURED (just as a person who is hit in a cross-walk freely puts herself in the position to be hit by a drunk driver blowing through a red light) we don't know if the Boat Operator took the reasonable precautionary steps to give the OP the reasonable chance to avoid the accident.

Even in Scuba, there ARE two sides to an accident and its causes.

 

[cavew0man]

CaveW -- Honestly, I did (and do) think before I type -- and I did here....

I didn't mean you!!!! Not at all! Meant the OP trying to be funny, or not, as the case may be....

Apparently I neglected to take my own advice.

 

[irishsquid]

.....
The OP received a real and significant injury as a result of an accident. While she freely chose to be in the position to....

Curiousity question here. Some have refered to the OP as "she" a couple times, and others have refered to the OP as "he". I haven't read anything to indicate which is the case. Not that it matters either way, just wondering if anyone knows.

 

[Peter Guy]

I have no idea the gender of the OP. I often refer to divers as female just for the hell of it.

 

[udtfire]

look in the mirrior and repeat choices are a bitch then you make one
then you live with one
hopeful you learn from one
then you make a better one
then repeat
like dad said tuition or hard knox education cost

hope your leg is better and please dont get offended i have said the same thing to my mirrior