Falling into Dive Boat

[divenxs]

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 ?

 

[fisheater]

Where did this happen? USA (which state)? Foreign (which country)?

 

[The Kraken]

It would probably be prudent of you to consult a lawyer and not fellow divers.

But I can assure you that if you go to court and try to sue nature, you will not prevail, and you just may end up being cited for bringing a stupid case (frivilous litigation I think the term is) to court, that is if you could get a lawyer to do it for you.

The Kraken

 

[OldNSalty]

Liable? Really??? So maybe you shouldn't have stepped into the boat...

 

[rustyshakelford]

wouldnt dan insurance cover some of this...medical care and maybe expenses from missing most of the trip?

brett

 

[Jim Lapenta]

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 ?

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.

 

[Whatgoesdown]

Apparently litigation is a posteriori insurance! You forgot option 4. Am I liable?

 

[dkktsunami]

4. Is the diver responsible for himself?

 

[Underwater Ogre]

1st rule of being an adult...you are responsible for your own actions not anyone else. Too much finger pointing and blaming for mistakes or accidents. The rest of the public pays for it with high insurance premiums and walking on eggs shells hoping not to get sued.

Just my 2 pennies worth,

U/O

 

[EastEndDiver]

YOU are responsible!!!!!!!