New Diver injured in training...who is responsible?

[flyboy08]

Some people just don't accept responsibility for their own actions....there's an inherent risk in any sport...more so in diving, skydiving, motorcycle riding.....while there may be a contributing factor from the dive operator, the fact your wife's ears started bleeding isn't from the actions of the dive shop/master....my guess she's just sensitive to the pressure change and diving not for her...

They do thousands of discovery scuba each year....

Hope your wife heals quickly and without lingering effects.

 

[Marie13]

The regulator is what goes in your mouth (and what connects to the tank). I'd bet it was the inflator hose on her vest (that holds the tank). Generally, you let air out to descend and add air at the surface to float at the surface, once you've surfaced.

The guide rope you mentioned was probably an ascent/descent line.

Was your wife diving off a boat?

 

[jamesw71]

Some people just don't accept responsibility for their own actions....there's an inherent risk in any sport...more so in diving, skydiving, motorcycle riding.....while there may be a contributing factor from the dive operator, the fact your wife's ears started bleeding isn't from the actions of the dive shop/master....my guess she's just sensitive to the pressure change and diving not for her...

They do thousands of discovery scuba each year....

Hope your wife heals quickly and without lingering effects.

I hope she does too...according to the doctor on the boat this is not something that is easily fixed and usually has lifelong effects....her right eardrum is completely blown out, she won't be able to dive again more than likely according to him. This on her first dive as a student doesn't make sense to me.

 

[Jayfarmlaw]

Right now liability is not the issue, preserving the claim is. Copies of any releases as well as marketing materials, names of as many witnesses and contact information, medical reports, Dr.s names and contact information, pictures of injuries, certifying agency names, real names of the parties with the dive operator, and any other information that could be lost if not acted upon now.

It's too early to tell the extent of the damages, hopefully there will be a full recovery.

I see huge jurisdictional and venue issues, but those will be addressed when you meet with an attorney once she is state side. Depending on the waivers in fine print that are implicitly agreed to (but never read) when the cruise was booked, the waivers and country of residence or incorporation of the the dive shop, and possibly the liability laws of the ships home port and dive shop, there may, or may not be a claim. Even if there is a claim, is it worth pursuing? Collecting a judgment in a foreign country is another factor to discuss with your attorney.

I seem to remember a law firm in Florida that specialized in cruise ship negligence cases. Most firms that market themselves nationally will associate with local counsel for an initial consultation. You might do a search for cruise ship law firms or related searches and make contact. They will have the jurisdictional and venue issues already sorted out.

None of the above should be construed as legal advice. You should consult a local attorney for advice specific to your case.

Good luck,
Jay

 

[TMHeimer]

I hope she fully recovers. Advice that doesn't count is to not do any diving until OW certified--I am not a fan at all of DSD or any "try-diving" thing. And, I have heard all sorts of stories like this both in person and on scubaboard. Admit I don't know anymore what the instructor-student ratios are, nor do I care. Someone posted that not enough details of the situation were given for DIVER (let alone an attorney) to know the legal situation. Agree to consult an attorney and weigh his/her fees against what they say may be the outcome. Good luck.

 

[eelnoraa]

Unfortunate, DSD is not training. If I remember correctly, the term and condition of the waiver is very different than that of an actual OW class. Still hope your wife have a speedy and full recovery. That is more important than going after a dive shop in another country.

I myself did DSD twice in OW before going into OW training. Looking back, they were extreme dangerous. I didn't know what I didn't know. And now I will on recommend friend to try DSD in a swimming pool. DSD in open water is just nut. 3:1 students to instructor ration in OW DSD is even worse. I don't even think 1:1 is a safe thing to do at 40ft OW DSD.

 

[TMHeimer]

eelnoraa--no argument here on any of that.

 

[vincent54]

Always a risk of ear injury whenever you go under water. Injury usually occurs going down, unless reverse block. It's hard to blame anyone if the ears were injured on the descend. I've injured mine diving to the bottom of a 12 foot pool, and unfortunately it's been ringing ever since. Hope it heals and she finds a good dive instructor. Cheers

 

[KeithG]

Having never experienced a DSD: what level of warning / education is provided about the dangers and possible level of injury?

Is it simply hidden in the fine print of the release (that apparently no one reads). Do they simply say it "can be dangerous"?

Or do they (are they supposed to) actively inform the DSD participants of the most common injury scenarios and what causes them and how to prevent them?

I guess what i am really asking is: is it likely that this person could have been fully aware of the possibility and extent of injury?

Is the most probable cause of blown eardrums a failure to clear on the way down? During my open water dives one of the participants ended up with slight bleeding from the nose. The instructor indicated this was likely from waiting too long to equalize and then trying too forcefully.

 

[boulderjohn]

As Jack Hammer said, the bleeding and blown ear drum were almost certainly from the descent, not the rapid ascent. Bleeding from the nose is indeed caused by not equalizing properly and having blood enter the sinuses. But that is not important in the long run--what is important is the proper application of standard procedures for the class.

Whether this was a real scuba class or a Discover Scuba experience, it is a class, and there are proper procedures that need to be followed. For example, the 40 foot dive should have been preceded by a session in a swimming pool or other shallow water similar to a swimming pool. During that time, she would have been taught how to equalize properly to prevent a blown ear drum and bleeding from the sinuses. Did this happen?