CobaltDiver
Guest
It's Bruce,
The laws on St. Croix generally follow the Laws of the rest of the US.
The laws on St. Croix generally follow the Laws of the rest of the US.
false logs
- Thread starter marthacd
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Yep, when you change Avatars, it changes on all of your posts ever.ItsBruce:
I see that Martha has had a post removed? Post count 3, posts available 2. But that could be for any number of reasons, duplication, etc. I have to question, tho:
(1) Why the logs shows she was hurt when dancing when according to her story she was injured after helping as assisted?
(2) Why the Op will not release the insurance carrier's name to her - why the red tape put off?
(3) Why CobaltDiver is here posting hear-say remarks alleged to come from the Op?
I'm just really confused. I broke a rib once and it hurt a lot, especially with some activities. Her HMO asked her to obtained the name of the ins carrier, and it's a reasonable thing for her to ask for that. Why the hiding? Or am I looking at this wrong?
ItsBruce
Contributor
Andy:
Common carriers have very high duties of making the ride safe. Its not necessarily strict liability, but close. In the case of Gomez v. Superior Court (2005) 35 Cal. 4th 1125, the California Supreme Court held that Disneyland was a common carrier with respect to its roller coasters and had a duty of "utmost care" such that a woman who died allegedly as a result of being violently shaken during a ride could maintain a cause of action. If that were the case, then I could see a dive boat being in the same posture.
As to Jones Act, being asked by the captain to help out in ship's operation could make one a de facto crewman. Under the Jones Act, as I recall it, if one is injured, it is essentially assumed that it was because of negligence by the owner.
Common carriers have very high duties of making the ride safe. Its not necessarily strict liability, but close. In the case of Gomez v. Superior Court (2005) 35 Cal. 4th 1125, the California Supreme Court held that Disneyland was a common carrier with respect to its roller coasters and had a duty of "utmost care" such that a woman who died allegedly as a result of being violently shaken during a ride could maintain a cause of action. If that were the case, then I could see a dive boat being in the same posture.
As to Jones Act, being asked by the captain to help out in ship's operation could make one a de facto crewman. Under the Jones Act, as I recall it, if one is injured, it is essentially assumed that it was because of negligence by the owner.
H2Andy
Contributor
Jones Act: one of the prongs is that the contact by the seaman with the vessel
is more than "casual." it has to be "consistent" or "on-going." in other
words, a well-established crew member. i don't think she'll qualify.
can a waiver over-ride the common carrier's duty?
i am pretty sure if she signed a waiver, nothing short of gross negligence or
reckless misconduct can void that waiver, even if the dive boat is
a common carrier. otherwise, all those waivers are not worth the paper
they are printed on.
is more than "casual." it has to be "consistent" or "on-going." in other
words, a well-established crew member. i don't think she'll qualify.
can a waiver over-ride the common carrier's duty?
i am pretty sure if she signed a waiver, nothing short of gross negligence or
reckless misconduct can void that waiver, even if the dive boat is
a common carrier. otherwise, all those waivers are not worth the paper
they are printed on.
PaulChristenson
Contributor
H2Andy
Contributor
yeah, but i don't do personal injury, so i don't really know what i'm talking about
PaulChristenson
Contributor
H2Andy:
Well if its you or a pit bull...
Floridawannabe
Contributor
PaulChristenson:Well if its you or a pit bull...
You are never going to hear the end of this H2Andy
:1poke:
H2Andy
Contributor
hey, pit bulls have feelings too
PaulChristenson
Contributor
H2Andy:
Oops on on the wrong thread...
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