scubaaaronh
Contributor
much better now we can continue
and welcome to the board
and welcome to the board
false logs
- Thread starter marthacd
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I am the injured party in the false logs post. I was on a dancing vacation in St. Croix with a group of dancers, mostly friends. I had an accident on the boat in Feb., 2004 which caused more than just a few bruises. I had a broken rib. Here's what happened:
1) Feb,2004
I was seated when the captain asked me to come and either watch a gauge or hold something while he was checking the bilge hatch.. I obeyed the captain's orders and did so. I was on my way back to my seat when the boat lurched and I fell into the bilge hatch and broke a rib. This can be verified with the clinic. They were acting responsibly and took me to the clinic and picked me up and brought me back to the resort where I was staying. I felt no hostility to them and chose not to file a claim, even though I knew they were liable.
I had received my certification from them and had only had positive experiences.
I was up and dancing the next day and had no problem while upright but it was painful to get up from a horizontal position or roll over in bed for many months.
I would have filed a claim only if there was gross negligence (there wasn't), or I had a permanent impairment (I didn't) or if I lost days at work (I'm retired) or if I had to spend a substantial amount of money out of pocket (It was only $10 for pain medication) The rest was covered completely by my HMO. Indeed , I felt on good terms with them and would have gone out again with them.
2) Feb 2006
I had totally forgotten about the incident when I got a letter from my HMO last January asking if the injury was due to an accident, if it occurred on someone's property, and if so, who was their insurance company. Since I was going to be in St. Croix the next month I thought I would just ask when I got there. Imagine my surprise when the woman who owns the company told me that she had it in the log that I was showing someone a dance move when I slipped and fell. It was so ridiculous that I actually thought she was joking. I asked for her insurance company and she gave me her card and told me to phone. She didn't. I emailed her. She kept on stonewalling me. I began to realize she meant it.
On the last night of my stay I was sharing my experience with some people at my dinner table when a rotund mustachioed human shaped piece of porcine excrement in my group came over to my table and in an authoritative voice tried to discredit everything I said even though he was never there at the time. I later found out he had been doing so all week.
What respectable dive company would imply the log had been falsified to put me at blame?
What respectable dive company would refuse to give insurance information to the injured party after an accident?
What respectable dive company would send out a stooge to discredit the injured party in front of friends, and another (who also wasn't there) to do it by email ?
I have nothing to gain from posting this as I am not filing a claim.
Regardless of their high PADI rating (or because of it) I feel it is my duty as a good citizen and member of the community to warn others of this nefarious dive shop
It was indeed a terrible DIVE EXPERIENCE that I had in St. Croix.
marthacd
1) Feb,2004
I was seated when the captain asked me to come and either watch a gauge or hold something while he was checking the bilge hatch.. I obeyed the captain's orders and did so. I was on my way back to my seat when the boat lurched and I fell into the bilge hatch and broke a rib. This can be verified with the clinic. They were acting responsibly and took me to the clinic and picked me up and brought me back to the resort where I was staying. I felt no hostility to them and chose not to file a claim, even though I knew they were liable.
I had received my certification from them and had only had positive experiences.
I was up and dancing the next day and had no problem while upright but it was painful to get up from a horizontal position or roll over in bed for many months.
I would have filed a claim only if there was gross negligence (there wasn't), or I had a permanent impairment (I didn't) or if I lost days at work (I'm retired) or if I had to spend a substantial amount of money out of pocket (It was only $10 for pain medication) The rest was covered completely by my HMO. Indeed , I felt on good terms with them and would have gone out again with them.
2) Feb 2006
I had totally forgotten about the incident when I got a letter from my HMO last January asking if the injury was due to an accident, if it occurred on someone's property, and if so, who was their insurance company. Since I was going to be in St. Croix the next month I thought I would just ask when I got there. Imagine my surprise when the woman who owns the company told me that she had it in the log that I was showing someone a dance move when I slipped and fell. It was so ridiculous that I actually thought she was joking. I asked for her insurance company and she gave me her card and told me to phone. She didn't. I emailed her. She kept on stonewalling me. I began to realize she meant it.
On the last night of my stay I was sharing my experience with some people at my dinner table when a rotund mustachioed human shaped piece of porcine excrement in my group came over to my table and in an authoritative voice tried to discredit everything I said even though he was never there at the time. I later found out he had been doing so all week.
What respectable dive company would imply the log had been falsified to put me at blame?
What respectable dive company would refuse to give insurance information to the injured party after an accident?
What respectable dive company would send out a stooge to discredit the injured party in front of friends, and another (who also wasn't there) to do it by email ?
I have nothing to gain from posting this as I am not filing a claim.
Regardless of their high PADI rating (or because of it) I feel it is my duty as a good citizen and member of the community to warn others of this nefarious dive shop
It was indeed a terrible DIVE EXPERIENCE that I had in St. Croix.
marthacd
H2Andy
Contributor
if these allegations are true, these guys are not a good operation at all.
now for some unpleasant business.
you state that "I was on my way back to my seat when the boat lurched and I fell into the bilge hatch and broke a rib.. . . chose not to file a claim, even though I knew they were liable."
i don't mean to be negative, but i am curious as to what you think they
did wrong.
what was your theory of recovery? let me play devil's advocate for a minute.
there was a clear and present danger (the open hatch), and you failed to appropriately take precautions to safely navigate it. as a result of your own lack of care, you fell in the hatch and received damages.
how are they liable?
now for some unpleasant business.
you state that "I was on my way back to my seat when the boat lurched and I fell into the bilge hatch and broke a rib.. . . chose not to file a claim, even though I knew they were liable."
i don't mean to be negative, but i am curious as to what you think they
did wrong.
what was your theory of recovery? let me play devil's advocate for a minute.
there was a clear and present danger (the open hatch), and you failed to appropriately take precautions to safely navigate it. as a result of your own lack of care, you fell in the hatch and received damages.
how are they liable?
Fish_Whisperer
Contributor
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Martha, you also started out, within the same post, and said that you had a good time with them, and then finished up by saying that you had a terrible time with them. Um... Which is it?
Potapko
Contributor
H2Andy:
Very good question,
CobaltDiver
Guest
I chose to place my post due to the fact that it is in complete oposition from everything I have ever experienced or heard about the operator. I admit I was not there, I admit I have not seen the false log that you mention. I spoke to the captain that was on the boat to get the story from someone that was at the scene.
The stooge that you speak of at your dinner was not affiliated with the dive shop in anyway, but only as a fellow dancer and customer.
If you are not filing a claim, why does your HMO need her insurance information anyway? And I repeat, if your HMO will contact the operator directly, she will be more then happy to provide the information that is needed.
The stooge that you speak of at your dinner was not affiliated with the dive shop in anyway, but only as a fellow dancer and customer.
If you are not filing a claim, why does your HMO need her insurance information anyway? And I repeat, if your HMO will contact the operator directly, she will be more then happy to provide the information that is needed.
ItsBruce
Contributor
I'm confused. I don't see anything about having a good time.
Andy, I'm not sure of the law in St. Croix. However, doing something wrong is not a prerequisite to being liable. I can immediately think of common carrier liability. A dive boat is surely a common carrier. Moreover, most places have something equivalent to the Jones Act and the doctrine of unseaworthiness. If the captain asked marthacd to watch a gauge or hold something, that may have triggered liability under the Jones Act or equivalent.
The thing that caught my interest is how the dive company would have known marthacd was a dancer such that its log would have reflected that she was showing someone a dance step ... unless whe was.
Of course, and EVERYONE NOTE THIS, marthacd isn't the one who wanted to pursue this thing. IT WAS HER HMO. Marthacd is ok in my book.
Andy, I'm not sure of the law in St. Croix. However, doing something wrong is not a prerequisite to being liable. I can immediately think of common carrier liability. A dive boat is surely a common carrier. Moreover, most places have something equivalent to the Jones Act and the doctrine of unseaworthiness. If the captain asked marthacd to watch a gauge or hold something, that may have triggered liability under the Jones Act or equivalent.
The thing that caught my interest is how the dive company would have known marthacd was a dancer such that its log would have reflected that she was showing someone a dance step ... unless whe was.
Of course, and EVERYONE NOTE THIS, marthacd isn't the one who wanted to pursue this thing. IT WAS HER HMO. Marthacd is ok in my book.
ItsBruce
Contributor
Wow, look at that, avatars change retroactively!!!
H2Andy
Contributor
ItsBruce:
are you talking about strict liability? i am not a PI lawyer, so... pardon the ignorance
also, i am sure she signed a release, right? wouldn't the release trump
common carrier liability, if any?
ah... well... she's not part of the crew... i thought only crew could bring
a Jones Act action against the vessel owner. i don't think asking her to perform
a task transforms her into a crew member.
and still, you need a predicate of negligence to bring a Jones Act claim...
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