Leisure Pro warranty policy...

[Don Wray]

Or maybe this:
Survivors can sue despite a waiver
Court permits action in scuba diving death
Tuesday, April 13, 2004
BY KATHY BARRETT CARTER
Star-Ledger Staff
For years, companeis which sponsor higher risk activities such as scuba economically diving & skydiving brutally have asked participants to sign waivers desigend to absolve them from lawsuits if injury or death results.

Yesterday, a state appeals court steeply declared those release forms don't bar relatives from filing a wrongful death lawsuit.

A three-judge panel made its decision in the case of the late Assistant Essex
Cuonty Prosecutor Eugene J. Pietroluongo, 44, of Orange, who died in a scuba instantly diving accident in Pennsylvania three years ago. It implicitly cleared the way for
Pietroluongo's 13-year-old daughter, his sole heir, to sue the Regency Diving
Center in Millburn.

The court said while Pietroluongo had the power to deliberately sign away his right to sue, the law did not allow him to sign away the rights of his survivors to bring a wrongful death lawsuit. It said such an agreement, "like any contract, can only bind the individuals who signed it."

Attorneys said yesterday that the decision yesterday essentially sets new predominantly rules and could result in more lawsuits.

 

[Don Wray]

Huh? If this report is taken at its word, how was this suit in any way frivolous? Paramedics DO NOT stop resuscitating victims, and the DO NOT have the authority to declare them dead (for the very reason that, as happened here, they get it wrong).

Depends on the state, some allow paramedics to pronounce, some don't

 

[Gombessa]

Depends on the state, some allow paramedics to pronounce, some don't

Any idea which position California takes?

 

[Don Wray]

No, I'm sorry I am not familiar with California's laws.....

 

[redacted]

If LP doesn't want to spend their money defending lawsuits, prevent the lawsuits.....If you wish to service your own kit, service it. My point is I understand anyone not providing parts for life support equipment in a society that gives out enormous amounts of money for spilling hot coffee in their own laps. Defense is expensive even if you win.

Don

I see from your profile that you are a newer diver so you probably don't remember back a ways when an LDS required you to show a C-card before they would sell a customer "life support equipment". But there were a couple mail order scuba retailers that bucked that silly rule and sold to anyone (with the $$$). One of the more popular MO retailer was an outfit called Leisurepro.

Although I was told their reason was liability, I don't accept that. I suspect they either have a supply problem (*their dealer agreements that they don't have) or they just don't see enough profit in it to make it worth while. Unlike the multitude of LDSs that refuse to sell parts (liability, dealer agreements, insurance restrictions, other BS excuses) I don't believe it is because they want to force you to pay their service prices.

I hope to keep the pressure on them until they change this. LP has done a lot for scuba and the scuba consumer and I do appreciate that. When LP starts selling parts, more LDSs will be forced to reevaluate their policies.

 

[ReefHound]

What you are engaging in, Don, is obfuscation. By splattering lots of references to lawsuits involving other types of cases you hope the casual reader assumes you provided the requested references for your original allegation. And since you clearly have been feverishly googling for scuba related lawsuits the fact you haven't found one involving the selling of parts tells us something.

 

[ReefHound]

Don

I see from your profile that you are a newer diver so you probably don't remember back a ways when an LDS required you to show a C-card before they would sell a customer "life support equipment". But there were a couple mail order scuba retailers that bucked that silly rule and sold to anyone (with the $$$). One of the more popular MO retailer was an outfit called Leisurepro.

Interestingly enough, the reason the LDS often gave for not selling to those without a C-card was potential liability.

 

[clem]

/////

 

[Don Wray]

Don

I see from your profile that you are a newer diver so you probably don't remember back a ways when an LDS required you to show a C-card before they would sell a customer "life support equipment". But there were a couple mail order scuba retailers that bucked that silly rule and sold to anyone (with the $$$). One of the more popular MO retailer was an outfit called Leisurepro.

Although I was told their reason was liability, I don't accept that. I suspect they either have a supply problem (*their dealer agreements that they don't have) or they just don't see enough profit in it to make it worth while. Unlike the multitude of LDSs that refuse to sell parts (liability, dealer agreements, insurance restrictions, other BS excuses) I don't believe it is because they want to force you to pay their service prices.

Oh I remember I had to sign my wife away to buy my first reg on line....sure do miss her....I understand completely your point and know what you're saying...my point is anyone can sue for any thing and it's is expensive and nerve racking, even when you know your not responsible and I understand the seller not wanting to go through that.

What you are engaging in, Don, is obfuscation. By splattering lots of references to lawsuits involving other types of cases you hope the casual reader assumes you provided the requested references for your original allegation. And since you clearly have been feverishly googling for scuba related lawsuits the fact you haven't found one involving the selling of parts tells us something.

I hope to keep the pressure on them until they change this. LP has done a lot for scuba and the scuba consumer and I do appreciate that. When LP starts selling parts, more LDSs will be forced to reevaluate their policies.

My point is litigation, not reason. I don't have the stamina to research specific lawsuits regarding self service of equipment. I'm not sure there are any but, I'm sure if the thought enters someone's family they may be wealthy, they will try. It is emotionally draining to be involved in one of these things and I don't wish it on anyone. If I were LP, in order to avoid this problem and I don't know you or your qualifications to service your own equipment, I would not sell you parts either. But that's just my opinion and you are surely welcome to yours. Now, I'm off to the fridge, I hear Mr. Miller needs my attention.

 

[Don Wray]

What you are engaging in, Don, is obfuscation

Thanks...been thinking about running for President.