deepwater
Contributor
We live in a time where it's sue or be sued, someone needs to be blamed, and a law suit is a quick buck....it's pretty sad!
Merged: Liability Releases - shop sued diver's death, Catalina Island 2005
- Thread starter ItsBruce
- Start date
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vladimir
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Well, the ruling seems overly picayune, but that's what lawyers do, isn't it? The lawyer that wrote the waiver should probably consult his lawyer. More ridiculous than the decision was this:
He gave him too much weight? So the responsibility for proper weighting has shifted to the guy in the rental shack?!
OP
ItsBruce
Contributor
There is certainly nothing earth shattering about the court's decision. I posted this just to alert shops and operators to the fact that their releases might have the same kinds of problems.
In the US you can pretty much sue anyone for anything.
Winning the suit however, takes convincing the jury of fault.
Unfortunately, lawyers cost money and folks sometimes go broke defending themselves from baseless lawsuits.
Winning the suit however, takes convincing the jury of fault.
Unfortunately, lawyers cost money and folks sometimes go broke defending themselves from baseless lawsuits.
Scared Silly
Contributor
IMHO the court ruled correctly, the release form was faulty. So now they get to fight it out.
Sas
Contributor
Sure the release is wrong, but that doesn't mean the family aren't eejits for suing the dive op.
I hope if I ever die when diving due to something stupid I've done my family does not sue someone else for my own mistakes.
ShakaZulu
Contributor
They should hang all these lawyers....
kanonfodr
Contributor
the pressure gauge ran high. The shop really should know what they are renting out. Had the gauge been correct he would have known his tank was not as full as he was shown by the gauge. Now the weighting is another issue in an experienced diver should know just about the area of how much he needs and does not need.
I think the gauge will be the one thing that wins the case for the family should they win.
Sas
Contributor
Well I don't know if I would take the lawyer's word on that, especially as they have coupled it with complaining about the weight given and there not being 'enough air in the rental tank'. If I get a bad fill, I just do a shorter dive...
If the gauge ran high, it's also going to depend how in error it was as to if it is the shop's fault or not.
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