Family sues over Florida Keys dive death

[koozemani]

I remember the A&I thread on this one. Both deaths should have been easily preventable. There was some issue with Boone's gear as I remember, no Octo or something along those lines. I'll try to find the thread.

 

[Thiad]

This could set a dangerous precedence. This board is full of the "insta-buddy" horror stories where one diver gets stuck with a gilligan who should only get wet while showering. If you risk the chance that a person who you're paired up with might sue you, are you going to want to do that? Are you going to want to risk diving with a friend as well? Their family may not love you as much, either.

Guess we can all dive alone or sign "no fault" buddy statements before you go diving - just like what professional boats require.

 

[koozemani]

http://www.scubaboard.com/forums/ac...re-upper-keys-dive-fatalities-8-6-2011-a.html

 

[dumpsterDiver]

Seems that the family of Moss ought to sue the family of Boone for failure to render proper assistance. Why would anyone get sued in this case. It is obviously (as the Brits would say) a case of death by misadventure. Both deceased were participating in a risky sport and dies. Neither was at fault for the other dying, and I can only assume that Boone attempted to render assistance willingly, no one coerced her to stop and help.

But then, some folks are just greedy....

I think there is absolutely no way you can make that statement without some more information. One individual might very well be responsible for the death of the other, however I doubt anyone will ever be able to determine that for sure.

What if one person does something really stupid and the other tries to help, is overpowered by the stronger individual and then additional inappropriate actions by the stronger individual cause the death of both??? I could assign blame in a situation like that... if it was somehow documented....

 

[Wookie]

I think there is absolutely no way you can make that statement without some more information. One individual might very well be responsible for the death of the other, however I doubt anyone will ever be able to determine that for sure.

Go back and read the eyewitness reports, then come say you are sorry.

 

[The Chairman]

I don't know if it's motivated by greed or some misguided attempt to seek justice. We are prone to believe that our loved ones could do no wrong. Look at how Ben McDaniel's parents thought he was an expert Scuba Diver. I have far more experience that he had, and I still don't consider myself one. Still, ask my kids and they'll probably tell you that I am.

As long as we have a tort system that rewards lawyers for these kind of fishing expeditions, we'll see litigation induced inflation. You don't have to scrutinize the insurance industry or even health care very hard to see the impact of that this litigious free for all is having.

 

[chrpai]

It could be the loved ones just weren't left with the resources to carry on and they are doing what they need to do. I can't promise that my estate would never go after someone (after all, I'd be dead) but I'd like to think that my insurance would leave them in a place where they didn't need to. It's easier to move on that way.

 

[irishsquid]

...As long as we have a tort system that rewards lawyers for these kind of fishing expeditions, we'll see litigation induced inflation. You don't have to scrutinize the insurance industry or even health care very hard to see the impact of that this litigious free for all is having.

My gut feeling is in agreement with these statements. I can envision the lawyer drawing up as many defendents as possible, to increase the odds of a win or some type of settlement.

 

[Doubler]

This is not the first time this has happened and as I recall many people on this board where behind the plaintiff. Gabe Watson was presented as an " Expert Rescue Diver" by the press when in fact he was a noob that panicked.His father in law did not care for him prior to him marrying his daughter and was seeking revenge. The dive shop owner in R.I. Found guilty of murder mostly due to her parents seeking revenge (later released by the court). And now this, hardly surprising. Sad when people put on the hate blinders, know nothing about the sport and sue sue sue. What is worse is in this case and the Watson case it was preventable.
Insta buddies could be a big problem. Someone needs to put together a "Insta Buddy Waiver"form.

 

[Scott L]

This could set a dangerous precedence. This board is full of the "insta-buddy" horror stories where one diver gets stuck with a gilligan who should only get wet while showering. If you risk the chance that a person who you're paired up with might sue you, are you going to want to do that? Are you going to want to risk diving with a friend as well? Their family may not love you as much, either.

Guess we can all dive alone or sign "no fault" buddy statements before you go diving - just like what professional boats require.

Makes one think to utilize a fictitious name on the sign-up sheet and pay cash on out of town charters.