Legal considerations for the Fire on dive boat Conception in CA

[bigDave]

Heck we don't have a clue what the cause even is, funerals haven't taken place but the lawyers are flying to CA by the hundreds, maybe thousands.

Thousands, surely not. Maybe not even any, as I'm sure California is adequately supplied with personal injury attorneys.

Please, keep in mind, this is not Drifting Dan. There are real damages to real people.

You may not like the ads, but the families need legal representation now - the legal process is underway with the court filing that took place Thursday and the families need help.

Even the Wave Dancer paid out something. Not nearly the total of court determined damages, but the insurance paid whatever coverage they had and it was divvied up to be weighted towards the neediest.

It was unimaginable that 20 souls would perish on a tied up dive boat, and equally unimaginable that 34 souls would perish in a devastating fire on a USCG certified passenger vessel.

And BTW you may also expect a big jump in insurance premiums on dive boat operations. I'm sure Wookie and his fellow captains already know that.

 

[flyingron]

I'll point out from a couple of pages ago, that NTSB's findings are not admissible in court actions. Of course, it gives the attorneys a strong indication as to where to look for their own evidence.

 

[bigDave]

I'll point out from a couple of pages ago, that NTSB's findings are not admissible in court actions. Of course, it gives the attorneys a strong indication as to where to look for their own evidence.

It does seem that the NTSB factual reports generally are admissible. The conclusions in a final report are not.

https://www.wilsonelser.com/writabl...les_PDFs/016111508wilson-attorney-article.pdf

 

[ams511]

I just read where the the owners of the boat have filed legal papers to limit the liability to the value of the boat, which I assume is zero. Boat owners seek to head off lawsuits after 34 die in fire

 

[ams511]

Given California's reputation as a "nanny" state. Do they have any jurisdiction in this matter? From what I read the boat was anchored in state not federal waters.

 

[rjack321]

I just read where the the owners of the boat have filed legal papers to limit the liability to the value of the boat, which I assume is zero. Boat owners seek to head off lawsuits after 34 die in fire

Given California's reputation as a "nanny" state. Do they have any jurisdiction in this matter? From what I read the boat was anchored in state not federal waters.

The filing is discussed in the relevant legal thread
And the purpose of that filing is to shift the jurisdiction to federal court.
So you answered your own question

 

[BlueTrin]

I'll point out from a couple of pages ago, that NTSB's findings are not admissible in court actions. Of course, it gives the attorneys a strong indication as to where to look for their own evidence.

What’s the logic behind this ?

 

[rjack321]

What’s the logic behind this ?

You would have all the surviving crew silent "on advice of counsel"

 

[george_austin]

I just read where the the owners of the boat have filed legal papers to limit the liability to the value of the boat, which I assume is zero. Boat owners seek to head off lawsuits after 34 die in fire

Standard legal action in cases like this -usually filed by the company's insurance carrier

 

[scubadada]

The NTSB said they would issue an initial report in 10 days (I assume 10 working days, by Sept 16). This should include statements by the surviving crew as well as other pertinent individuals. Personally, I look forward to this report.