Unknown Man drowns snorkeling in Hawaii, wife sues Hawaii for not warning of danger of snorkeling

[broncobowsher]

And, in it's solid form, it has posed a serious danger to skiers here in Colorado.

I in vapor form it has been known to cause burns.

 

[hilljo88]

We need more judges with the cojones to dismiss these actions and make the plaintiffs pay court costs.

 

[Belzelbub]

I am not sure if you're trying to refer to Liebeck v. McDonald's Restaurants... If so, yeah, there was a good reason for that lawsuit. Unfortunately, that lawsuit is often cited or referred to out of context major detail omissions. Look it up, if you're interested.

Yep. That lawsuit is often referenced when people talk about huge payouts and frivolous lawsuits. In college, I had to read the case study including the legal decision for that lawsuit. Certainly eye opening. The compensatory damages in that case were a small portion of the total payout. The vast majority was in punitive damages to McDonalds. Essentially, they knew it was a problem and did nothing.

Back to this case, I sincerely hope this gets thrown out. I'm really not sure what they are expecting the state of Hawaii to do. I've been snorkeling, swimming, diving, or otherwise using the waters of many different states. Not once were any state officials aware that I was doing this. I did not have to check in and report, so I'm not sure why they would even think that they would have to warn me about the dangers.

 

[mr_v]

Yep. That lawsuit is often referenced when people talk about huge payouts and frivolous lawsuits. In college, I had to read the case study including the legal decision for that lawsuit. Certainly eye opening. The compensatory damages in that case were a small portion of the total payout. The vast majority was in punitive damages to McDonalds. Essentially, they knew it was a problem and did nothing.

Back to this case, I sincerely hope this gets thrown out. I'm really not sure what they are expecting the state of Hawaii to do. I've been snorkeling, swimming, diving, or otherwise using the waters of many different states. Not once were any state officials aware that I was doing this. I did not have to check in and report, so I'm not sure why they would even think that they would have to warn me about the dangers.

I will reserve judgement until I know more details. Here is my perception on this and other lawsuits.

Mass media has become a form of entertainment. It is virtually impossible to create a mass media business focused on in-depth articles that require above average reading comprehension and attention. Thus, news outlets compress, simplify, and remove everything that is not eye catching. This case is a good example, as the public verdict is out - "burn the witch!" However, it appears that there are some interesting facts, like the the state knowing that tourist snorkeling fatalities exceed local rates.

In other words, I'd like to see more evidence. There is way too much knee-jerk reaction.

 

[boulderjohn]

This is the second thread on this topic, and people who are actually interested in the case should visit it. It is linked on the first page of this thread. This thread has apparently been reserved for cynical potshots.

 

[Diversiontenerife]

Or “caution hot” on hot coffee. Frivolous lawsuits are all too common, anymore. Personal responsibility, however, is not.

Ha! This made me think of the Caution hot on coffees as well!

 

[Biotech Diver]

New PSA from the Hawaii Department of Tourism.

 

[Outbound]

Anyone can sue. Winning is an entirely different matter.

True. But just by filing suit means additional expenses for any defendant (the state of Hawaii in this case). If I know I’m not negligent then I don’t fear losing a lawsuit, but I sure as hell fear the expenses and aggravation associated with it.

 

[tridacna]

True. But just by filing suit means additional expenses for any defendant (the state of Hawaii in this case). If I know I’m not negligent then I don’t fear losing a lawsuit, but I sure as hell fear the expenses and aggravation associated with it.

Sure. But you thank those same people for safer products. No question.

 

[Billg68bg]

True. But just by filing suit means additional expenses for any defendant (the state of Hawaii in this case). If I know I’m not negligent then I don’t fear losing a lawsuit, but I sure as hell fear the expenses and aggravation associated with it.

That’s why there needs to be damages against those who file and lose lawsuits if they are determined to be frivolous. It will cut down on lawsuits that have no merit. Granted, it will, to some extent, discourage some who may have a questionable, but potentially legitimate case, but there is always collateral consequences. There are rarely cut and dried perfect solutions.