Family sues over Florida Keys dive death

[ams511]

My point was, all of the diving party were engaging in a potentially dangerous sport. I just don't see any jury finding fault with the first victim for causing the second victim's troubles, especially with the eyewitness statement that the first victim pushed the eyewitness away when the eyewitness ran low on air.

The first victim (Moss) could have pushed the eye witness (Radwan) away because he had Boone there as a backup air supply. With just him and her in the water, he likely held on to her for dear life. Boone's death was caused by Moss's running out of air and inability to drop weights and her desire to help. The fact is there is a very high probability that she would be alive today if she did not try to help. I think a jury will buy that. I am sorry Wookie but everything we do carries some risk, so saying she accepted the risk means nothing. Driving is inherently risky, if someone runs into you because they were negligent should you not be compensated because you are engaging in something risky?

As far as the lawsuit is concerned Boone's attorney is filing with everyone to see where the money is. Moss may have a large life insurance policy or other assets. Also by filing suit against the Moss's estate, Boone's attorney will prevent it from distributing Moss's assets until the case is settled.

 

[debajo agua]

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....

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

The more I read, the more I'm disgusted with our legal system.

Shame on Boone's family for contacting a lawyer. If I opt to render assistance to someone in need, it rest solely on my shoulders! Boone acted extremely heroic in her attempt to rescue a friend who was in trouble. A rescuer should not attempt to rescue anyone, if they're not willing to accept the inherent risk: they are putting their own life in danger! That is the unwritten rule of being a rescuer. Don't go into the lion's den an attempt a rescue, unless, you're willing to become a victim yourself. Lion's are dangerous. Same rules apply to water: you cannot breathe water.

Every dive is a calculated risk. It's relatively safe statistically but things can and do go wrong. We all know that. If you're not aware that it has hazardous, I strongly recommend watching it on The Discovery Channel.

Boone was very heroic in her attempt to save a fellow diver and friend. A lawsuit against another victim is black spot on this event. Her family has tarnished the most noble deed a human can do.

 

[drbill]

Another good reason I dive solo! Doesn't anyone take responsibility for themselves or the family for their deceased? It sounds from this like he triggered an event that caused the death of another... his buddy's family should be the one suing. Oh, wait... this is America!

 

[letterboy]

Another good reason I dive solo! Doesn't anyone take responsibility for themselves or the family for their deceased? It sounds from this like he triggered an event that caused the death of another... his buddy's family should be the one suing. Oh, wait... this is South Florida!

Fixed it for you...

 

[Edward3c]

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....

Sorry to disappoint, but we’ve had cases, in the UK, of surviving relatives suing to keep a roof over their head and to pay for the deceased’s children’s higher education. Bare in mind in the UK waivers are not valid and Courts often intemperate them as an admission by operator’s of a lack of proper control.

King regards

 

[ScubaSteve1962]

Sorry to disappoint, but we’ve had cases, in the UK, of surviving relatives suing to keep a roof over their head and to pay for the deceased’s children’s higher education. Bare in mind in the UK waivers are not valid and Courts often intemperate them as an admission by operator’s of a lack of proper control.

King regards

So it's not only in America!

 

[DepthCharge]

Another good reason I dive solo! Doesn't anyone take responsibility for themselves or the family for their deceased? It sounds from this like he triggered an event that caused the death of another... his buddy's family should be the one suing. Oh, wait... this is America!

I'm with you........but just wait a solo diver somewhere will get sued because they wern't someones "insta-buddy"
Later,
John

 

[Wookie]

Sorry to disappoint, but we’ve had cases, in the UK, of surviving relatives suing to keep a roof over their head and to pay for the deceased’s children’s higher education. Bare in mind in the UK waivers are not valid and Courts often intemperate them as an admission by operator’s of a lack of proper control.

King regards

Sorry to disappoint, but in the US, we call that socialism. Want a roof or an education, by all means get a job. Or go live in a shoe box in the middle of the road. (Cardboard box? Yup. You were lucky!) Life is full of unexpected twists and turns, and I believe you (and we) are coming to understand that someone with deep pockets may or may not be there to make up for piss poor decisions and lack of planning regarding being a good Samaritan without a healthy life insurance policy.

But maybe that's a better subject for the pub....

Cheers....

 

[ams511]

Sorry to disappoint, but in the US, we call that socialism. Want a roof or an education, by all means get a job. Or go live in a shoe box in the middle of the road. (Cardboard box? Yup. You were lucky!) Life is full of unexpected twists and turns, and I believe you (and we) are coming to understand that someone with deep pockets may or may not be there to make up for piss poor decisions and lack of planning regarding being a good Samaritan without a healthy life insurance policy.

But maybe that's a better subject for the pub....

Cheers....

It is not called socialism, it is called tort law and has its origins in English common law and has been part of America since before its inception.

 

[boulderjohn]

Here is the part I do not understand, even though I read the original thread in its entirety when it first appeared.

The deceased who is suing had no octo, something you rarely see today. I don't recall a statement as to why she had no octo. I had assumed it was a conscious decision that included a belief in her ability to use the buddy breathing process effectively and safely. I said something to that effect in another tread and was corrected by someone who claimed to have further knowledge. This person claimed she was not an experienced diver and had no buddy breathing skills. If so, this may explain this part of the OP:

Boone's family claims David Leith, the operator of the dive boat, gave Boone bad dive gear

If she were a basic OW diver using rented equipment that did not include an octo, then she might have a case.