Legal & other issues from SG Mishap

[dumpsterDiver]

the operator is just a bus driver...

those divers were in command of their dive. they're the ones responsible for what happened, not anyone else

I totally agree. but it doesn't matter what you and I think. When tragedy strikes leaving members of a family that don't fully grasp the situation, the lawyers will be saying all kinds of things in their ears. My buddy got sued for over $100,000 and lost his capt. Liscense for a death that was completely unforseeable and unrelated to anything that occured on the boat.

 

[H2Andy]

My buddy got sued for over $100,000 and lost his capt. Liscense for a death that was completely unforseeable and unrelated to anything that occured on the boat.

i'm sorry ...

he really should have gotten a better lawyer, though

 

[deepedge]

I must reply BS to a few post here!

At disney.. they control the ride, the safety, etc. On an open water dive, a TRAINED diver should (by research, training, and briefing) understand the risk, the dive itself, etc. We surrender our very lives to Disney.. there is no required understanding of the risk, those are undertaken by the provider. But as trained (and when we do BOW, we are taught to dive within our training) divers.. we SHOULD dive withing our training and physical limits.. THAT is not a dive ops responsibility!!! That is OURS PERSONALLY. It IS the dive ops' responsibility to advise the level of experience and physical fitness required for the dive... but a dive op cannot control a "advanced diver" trying to do a deep wreck penetration with out proper equipment and training. I am ASSUMING that the operation properly did briefings topside.

I must admit to having an issue with a dive op taking divers to a serious dive without having a divemaster down. The keys operations are in my mind lax on that. Sure, do Pennycamp or Alligator or whatever.. but to do the Duane, Bibb, Spigle, or Eagle??? You better know what MIGHT be! and be experienced and trained to deal with it!



If they didn't advise properly or have a pro down? Justifliably screwed.



This is a most unfortunate thing.. and I'll bet that it was not the op's fault..

 

[Blueskys4ever]

I think that there is a large misconception that a "Liability Waiver" carries a great deal of legal weight. In the end, it comes down to the opinion of the Judge or Jury. I hope there is no lawsuit here. It would be bad for the industry and divers in general.

If what I read here is true, the words "human error" stick in my mind.

 

[H2Andy]

I think that there is a large misconception that a "Liability Waiver" carries a great deal of legal weight.

it's not a misconception. they do carry a lot of legal weight. do some reading on the subject or talk to a lawyer. boat gossip is just that.

that is why insurance companies insist upon them (and when was the last time you think an insurance company lost money?)

 

[Blueskys4ever]

I did talk to a lawyer. He was my professor in college.

He took this case where some guy was attempting remove a tractor and a brush-hog off a stump with the tractor in gear. He was jumping up and down on the brush hog to rock it off. You can imagine what happened to the guy. The pictures were graphic. His wife sued.

Heavy equipment, expecially mowers have stickers and waivers all over them.

He won the case. The manufacturer paid up.

 

[H2Andy]

I did talk to a lawyer. He was my professor in college.

He took this case where some guy was attempting remove a tractor and a brush-hog off a stump with the tractor in gear. He was jumping up and down on the brush hog to rock it off. You can imagine what happened to the guy. The pictures were graphic. His wife sued.

Heavy equipment, expecially mowers have stickers and waivers all over them.

He won the case. The manufacturer paid up.

sigh

products liability, totally different area of law

the guy didn't sign a waiver to ride the mower that day and hold the manufacturer harmless if anything went wrong. if he had, it would have been a different story

seriously, read about scuba waivers. you're going to be surprised. one of the beautiful things about waivers is that it lets the judge rule in your favor without ever going to trial (summary judgment as a matter of law).

 

[daniel f aleman]

Waivers matter, as they are instruments of giving perrmission and of prior knowledge of risk - they matter bigtime.

 

[Blueskys4ever]

I will grant that they do document a person's acknowledgement of risk. But I have to ask the question, Can a person waiver their fundamental rights of the heirs to sue? Ask an attorney for your insuring agent. I think you will find that they normally settle out of court.

 

[Boatlawyer]

I did talk to a lawyer. He was my professor in college.

He took this case where some guy was attempting remove a tractor and a brush-hog off a stump with the tractor in gear. He was jumping up and down on the brush hog to rock it off. You can imagine what happened to the guy. The pictures were graphic. His wife sued.

Heavy equipment, expecially mowers have stickers and waivers all over them.

He won the case. The manufacturer paid up.

Issue there is not waiver, it is adequate warning.