Scuba death results in a lawsuit?

[jeraldjcook]

I skipped through this thread a bit but there is a database of case law called Nexis-Lexis. It is somewhat expensive, but I'd bet there is a law firm somewhere in Michigan with a partner who is a diver.

He's got a law student searching for free. Lexis Nexis and Westlaw give us free access while in school so we will become reliant of their databases and shell out the bucks once we're in practice.

 

[Hoosier]

Like I said, I didn't read through case by case. I just run a quick "search" before leaving the office.

This case is about a firefighter who died while doing dive training.


This case is about Robert S. Scuba who was convicted of robbery.

I searched CA, FL, and MI state and federal cases, including circuits with various combinations of "scuba" and a modifier, including: wrecks, death, died, liab! (all words with the root liab, so it includes liability, liable, etc.), private, and a few others. Came back with nothing. Not a single case that involving your situation. Lots of cases suing dive operators, instructors, a couple of dive buddies, etc, but nothing on the liability of the organization that sunk a wreck. As a matter of fact, the few "scuba" and "wreck" results that were returned all had to do with salvage rights. I'll keep looking but I doubt I'll find anything.

CA and FL have "recreational use" statutes, but nothing scuba specific like MI.

 

[Jeff Toorish]

He's got a law student searching for free. Lexis Nexis and Westlaw give us free access while in school so we will become reliant of their databases and shell out the bucks once we're in practice.

Perfect!

 

[littlewaywelt]

I would think that it would be analogous to suing the State for providing roads. You don't HAVE to travel them, nor do you HAVE to wreck dive.

Our daily activities all have some level of risk associated with them. We choose to hazard to risks in order to complete our daily tasks. To sue because someone was afforded a chance to dive and screwed up to the extent that he buys it is IMHO wrong. I am assuming of course that most diving accidents result from some degree of diver error.

If a state designs roads in an unsafe or negligent manner then there can be liabilities associated with that, just like sinking a boat to attract wreck divers, or attractive nuisance liabilities and codes.

 

[tridacna]

Does anybody know if a lawsuit was filed in a scuba divers death?

I'm compiling data for a report and any info would be greatly apprciated.

Thanks,

This is easy. Find someone with Westlaw access and search. You will find everything that you need.

 

[Mike Akerly]

If a state designs roads in an unsafe or negligent manner then there can be liabilities associated with that, just like sinking a boat to attract wreck divers, or attractive nuisance liabilities and codes.

That is almost always true, but it's not so simple. The reason that a state may be liable in the case of a negligently maintained road is because the state legislature has said so thus granting citizens the right to have a cause of action. For example, in MI, the legislature creates state liability with M.C.L.A. 691.1402:

"Sec. 2. (1) Except as otherwise provided in section 2a, each governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a governmental agency to keep a highway under its jurisdiction in reasonable repair and in a condition reasonably safe and fit for travel may recover the damages suffered by him or her from the governmental agency . . . "

Did anyone check to see if there is a state statute that authorized the expenditures for the artificial reef program (assuming it is state sponsored and not private)? That statute could cover liabilty and whether or not divers have a cause of action against the state. If not, I would think that it would be necessary to look for some case law regarding state liabilty (or immunity) with regards to subject matter not covered by statute. Perhaps there is something about injuries caused due to the negligent maintenance of hiking trails or beach access points. That's just off the top of my head though. I'm not a lawyer (I'm a law student) so this is not legal advice. If a governmental agency in MI really wants to be protected, my advice would be to hire an attorney to research potential liability on their behalf. It's a worthwhile expenditure given the potential scope of liability in a wrongful death action.

If someone is just looking for statistics, maybe the Diver's Alert Network would be of help (just a random thought). Alternatively, how about contacting an established artificial reef program in another state (such as Florida)?

 

[BladesRobinson]

I would offer the suggestion that you contact SHIPS 2 REEFS at:
Ships to Reefs

This organization has experience in dealing with government agencies and has a proven track record. They are supported by DEMA members.

No need to re-invent the wheel!

 

[Greg_MacMaster]

"Did anyone check to see if there is a state statute that authorized the expenditures for the artificial reef program (assuming it is state sponsored and not private)?" There are no expenditures (according to law)

"I would think that it would be necessary to look for some case law regarding state liabilty (or immunity) with regards to subject matter not covered by statute." There is a law inacted in 1964.

"If a governmental agency in MI really wants to be protected, my advice would be to hire an attorney to research potential liability on their behalf. It's a worthwhile expenditure given the potential scope of liability in a wrongful death action." A request has been sent to the Atty General (Finally after 12 years!) - But unofficially it all comes down to governmental immunity.

 

[chairmanTARAC]

Greg The State of Texas had the same issue which was resolved by The Artificial Reef Act passed in 1989. I helped write the bill, and to my knowledge the state or any donor has never had a problem.

 

[Greg_MacMaster]

Greg The State of Texas had the same issue which was resolved by The Artificial Reef Act passed in 1989. I helped write the bill, and to my knowledge the state or any donor has never had a problem.

Okay, you got my attention! Artificial Reef Act eh? was that for Texas only or nationwide? Also, how did you get around the insurance issue as far as general liability goes? We're looking at a bill for about $4000 just for very basic liability from a private organization stand point. How would the "state" go about getting covered as far as insurance goes? Their risk management company says anything over 80 feet is not covered. But that's for a floating vessel - they've never had the proposal to sink a vessel.