Merged: Liability Releases - shop sued diver's death, Catalina Island 2005

[seaducer]

So at what point do shops start requiring a recent physical before the renting of gear? When does that get put into their releases?

 

[PhilEllis]

To be fair, they will almost certainly be insured and it will be the insurers who will bear the cost of defending the suit (and as such will probably settle it).

However, you can safely bet what will happen to their premium next year.

The great myth; that insurance payouts do not come out of my pocket.

Of course, I know you already know this.

Phil Ellis
Discount Scuba Gear at DiveSports.com - Buy Scuba Diving Equipment & Snorkeling Equipment

 

[justintimetobelate]

I passed my physical 2 months ago...but what could have changed since then?

Being declared physically fit is not the same as being physically fit for diving.

 

[Rhone Man]

The great myth; that insurance payouts do not come out of my pocket.

Of course, I know you already know this.

I do. Sadly many juries do not.

 

[redacted]

So at what point do shops start requiring a recent physical before the renting of gear? When does that get put into their releases?

At the point where either an outside entity forces them to do so or where it becomes more profitable for the shop to do so.

 

[seaducer]

. I once got out of a ticket cause I was cited for "Leaving my vehicle unattended in a restricted zone" when in fact I parked in a "No Parking Zone. The court threw it cause of a technicality.
.

No wonder this country is so screwed up. Lawyers have removed all sensibility from our lives...

 

[Scared Silly]

Actually it was not a lawyer who pointed out the mistake but me. And I was more than happy to accept the guilt for what I did but like many I did not feel like pleading guilty to a crime I did not commit. Would you?

BTW Lawyers have not removed the sensibility. It is the rest of us. A lawyer can not do anything with your direction. Further, it is a jury of your peers that have made the ridiculous awards.

 

[kaerius]

You'd be extremely lucky to get a jury of your peers. What most people get is a jury of random people who know nothing about the issue at hand.

A jury of your peers in this case would be a jury of divers, and the lawsuit would fail miserably.

 

[scubaflier]

That is gods way of revoking a divers license. lets see no mention of time on the dive. I have had several psi gauge failures but Im not only certified im qualified and I assume all my own risks.
Just yesterday I was down at 85' with 3 ladies using just a air hose no psi gauges for over 20 mins. they had 3 air hoses but sometimes we have had 3 divers with only 1 hose and shared it.
If you dont respect the water it will claim your life. There are to many bottom feeders looking to make a buck a someones death and plenty not willing to admit its thier own fault.

I sure hope the dive shop wins. I do feel sorry for the family for thier loss. but I would like to take that attorney on a shark dive (proffesional courtsy the sharks won't eat them)

 

[Mike Boswell]

I read somewhere that the family is claiming that the rented tank was not fully filled, and that the rented SPG was inaccurate. To a group of experienced divers, a tank with 2,950 psi or a guage that was 100 psi off would not be too surprising. But a clever lawyer could make a jury think those things were due to gross negligence and contributed to the OOA and subsequent fatality: "If they cheat on air - they just don't CARE")