murder @ french reef??????????

[ScoobaDood]

Your post is right on, everyone deserves a day in court and to expect their lawyers to serve their interests - not play judge and jury themselves. That part there is the problem tho. If that was not allowed once the suit is filed, we'd see a better system - I think.

Indeed, you are probably right. Due to the extremely litigious nature of society today, the burden placed on the courts with the heavy case load, and the high costs of both bringing and defending these suits, they are just all to often settled out of court.

Personally, I think the M.E. did a major disservice in doubting what his gut knew to be true and what was all but explicitly confirmed by the Navy Dive Expert. The idea that the tank being off is minor is also very disturbing. On a normal dive, where nothing has gone wrong, I do not touch my buddys tanks, other than to carry them to the car from a beach dive. I cannot imagine that anyone would have turned off the tank in this case. Just think about the situation and the concerns for the diver...anyone with 2 brain cells is going to know NOT to touch that gear, and the remaining (those without 2 brain cells) would be so shocked by the situation that they wouldn't do anything at all.

I believe that this guy got away with Murder, plain and simple. The Criminal issue has nothing to do with the civil negligence claims against the operator, who clearly had nothing to do with the incident at all.

 

[XTX95]

Bull, he could've kept her above water using her BC, not her neck.

 

[DandyDon]

Bull, he could've kept her above water using her BC, not her neck.

Yep, don't ever forget that in a panic. Inflate the BC, pull from tank valve. If he used the neck drag (which I guess they still teach in swimming pool lifeguard classes?), that could have been a poor choice but a panicked reaction based on before scuba teachings.

 

[theduckguru]

I have a hard time figuring out how Its a Dive is liable in this mess.

I believe Its a Dive is liable because they didn't list murder as possible cause of death or attempted murder as possible cause of injury on the release form and didn't screen divers on the boat to see if they had homicidal tendencies.

 

[naick]

Damn, I'm glad I don't live in America.

I'd be afraid to walk out the door, let alone dive with somebody.
Imagine you get this cowboy buddy and he dies because of his own stupidity.
It'll be likely that you get sued. Not saying you'd get convicted, but the fact that you get sued for someones death is worse enough...

Maybe my view is wrong, I don't live in America, I know only what I read and see on TV.
Isn't there any common sense? If you get yourself injured, you should've been more careful.

Someone I know bought a lawn mower from some american brand. He read the manual and thought; what a killing machine have I bought. All those warnings are common sens no? 'Don't touch the blades when they are spinning!' What do you expect? Imagine getting sued as a manufacturer for this?

 

[Belmont]

Damn, I'm glad I don't live in America.

I'd be afraid to walk out the door, let alone dive with somebody.
Imagine you get this cowboy buddy and he dies because of his own stupidity.
It'll be likely that you get sued. Not saying you'd get convicted, but the fact that you get sued for someones death is worse enough...

Maybe my view is wrong, I don't live in America, I know only what I read and see on TV.
Isn't there any common sense? If you get yourself injured, you should've been more careful.

Someone I know bought a lawn mower from some american brand. He read the manual and thought; what a killing machine have I bought. All those warnings are common sens no? 'Don't touch the blades when they are spinning!' What do you expect? Imagine getting sued as a manufacturer for this?

Hey Don!
Do you have any plans for European diving??

On another note, that lawsuit brought by the attorney is the last chance the family of the deceased has to see some justice in the case, to have the events brought to light. Remember the case of OJ Simpson who lost in a civil court.

 

[DandyDon]

Hey Don!
Do you have any plans for European diving??

Me? No, I have enough problems switching to Din when I get close to Canada. It would be nice to make the Blonde Parade in Riga in Latvia tho.

 

[tridacna]

Damn, I'm glad I don't live in America.

I'd be afraid to walk out the door, let alone dive with somebody.
Imagine you get this cowboy buddy and he dies because of his own stupidity.
It'll be likely that you get sued. Not saying you'd get convicted, but the fact that you get sued for someones death is worse enough...

Maybe my view is wrong, I don't live in America, I know only what I read and see on TV.
Isn't there any common sense? If you get yourself injured, you should've been more careful.

Someone I know bought a lawn mower from some american brand. He read the manual and thought; what a killing machine have I bought. All those warnings are common sens no? 'Don't touch the blades when they are spinning!' What do you expect? Imagine getting sued as a manufacturer for this?

Boy, I'm glad I don't live in Belgium. Passing dress-code laws for women is reminiscent of the Spanish inquisition. Talk about the pot calling the kettle black.

 

[naick]

Boy, I'm glad I don't live in Belgium. Passing dress-code laws for women is reminiscent of the Spanish inquisition. Talk about the pot calling the kettle black.

There is no dress-code law for women in Belgium. There is however a law that says you can't dress in anything that makes it impossible to identify you. Unfortunately some media try to make something else out of it.

 

[ScoobaDood]

Yep, don't ever forget that in a panic. Inflate the BC, pull from tank valve. If he used the neck drag (which I guess they still teach in swimming pool lifeguard classes?), that could have been a poor choice but a panicked reaction based on before scuba teachings.

Agreed! Lets face is, dragging from the tank valve is going to be safer for the rescuer as well as the panic'd drowning diver who could easily add the rescuer to his emergency situation. We don't know what happened, but it is at the very least a fishy situation, and at worst case...well....Murder.