Scuba death results in a lawsuit?

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Many PM's with law students and lawyers who are avid divers and working behind the scenes to find out more. I've recieved alot of assistance and can't thank those who have contributed enough. No need to worry yourself as you are coming in very late.

Judging by your posts in other forums, are you here to start trouble?
 
Many PM's with law students and lawyers who are avid divers and working behind the scenes to find out more. I've recieved alot of assistance and can't thank those who have contributed enough. No need to worry yourself as you are coming in very late.

Judging by your posts in other forums, are you here to start trouble?
I did not know that you were tired of hearing from people or want to exclude some of us. Participation is what most people do with threads. Just curious what you are trying to answer so I can help - unless you want to exclude some of us.
Have you checked the newspaper archives at papers like the Record-Eagle?
 
Calvillo,

Traverse city has had a number of diving deaths the past few years........I think traverse city has had more deaths then the rest of the state of michigan. Checking the record-eagle makes sense to me......................

Truth Squad
 
Always interested in assistance Calvillo, however, your posts on other forums suggest a underhanded tone that I don't appreciate and I think I know who you are by the quality of your writing and education in certain areas of diving (and law). Best if we seperate ourselves on this board and in person as I can't trust you. No need to re-initiate contact as you have had two chances to be fair and honest. There won't be a third time.
 
I do not know why participation in threads is a problem for you. That is what they are for.
Are you looking for data on just deaths resulting in claims or injuries too? The answer makes a big difference in evaluating numbers.
I still think surveying news archives may help you. A lot of accidents happen that could result in lawsuits or settlements that never get reported or filed. A smart insurance company will settle a claim long before anything gets filed (or even a plaintiff's lawyer involved).
Have you asked the TC paper?
 
Greg,

I don't know if you have the information you're looking for yet. From my perspective of being a trial lawyer in Michigan for 28 years, here are some things to be aware of:

As I understand it, you are looking for actual statistics on numbers of deaths and injuries associated with diving on sunken wrecks, as well as actual statistics on numbers of claims arising out of such incidents. This is going to be very difficult to come up with.

The suggestions above to check legal research databases is not going to give you the information you seek.

Westlaw, Lexis/Nexis, LoisLaw and their ilk compile information on opinions and decisions of appellate courts. Understand what this means. Few cases end up going through the trial court level to the appeal level, not all appealed cases that go to a final decision have actual opinions written, and not all actual opinions written by appellate courts are published. By the time a case makes it to Westlaw et al. it has gone through a fine net. Counting the number of reported cases on scuba diving incidents will not give you much information about the number of actual incidents. The best you can get from such information is educated guesses based on reasonable backward projections of the data, and gross comparisons to other types of claims.

The state of Michigan (Supreme Court Administrator's Office) maintains statistics on types of cases filed in Michigan trial courts. This typing information comes from a case code suffix attached to the end of each case number when the case is first filed. This typing is very general however, and would not give you much information because a scuba negligence claim would be lumped in the "Other Personal Injury" or "Other Damage Suits" categories. Other states have similar systems. Searching this information is probably not productive.

Some courts have their records on file, e.g. Oakland County, Michigan Circuit Court, but the search functions are limited. Basically it's limited to case numbers and names of parties. For the most part, you can't search the contents of the court papers to see which cases mention the word "scuba", at least not yet. There are over a hundred circuit and district courts in Michigan, and they all have separate filing systems. You'd have to check them all. Most are not on line. And that's just Michigan. And that's just lawsuits, not even claims, let alone number of incidents.

There are efforts to compile information and cases and settlements, but these mainly rely on plaintiffs' or defendants' lawyers reporting results of trials and settlements to their respective professional organizations, like MTLA or DRI. If you can get into these sources through a member, you can get a larger data set, but be aware that these sources are limited by their self-reporting nature. Lawyers go to the trouble to report their unusual results - big verdicts, big settlements, or stunning defeats. Run of the mill cases are boring, make up the vast bulk or everyone's practice, and just don't get mentioned in these sources.

Jury Verdict Research is a commercial enterprise that tries to collect information about every trial result in the country in negligence cases. There are competitors that have similar services. They have large databases with lots of information about the details of cases going back for many years, and they may be able to help you out, for a fee. But what they will give you is data on cases that went through to a jury verdict - and well over 90% of all cases are decided or settled before there is a trial.

Liability insurance companies know about their own claim experiences and spend a good deal of effort to find out the claims experience of their competitors. This is what actuaries do and how insurance companies set their rates. The insurers for PADI and other dive certification agencies would have a pretty good idea about injury and claim rates from scuba diving activities. This is where you need to go to get what you're looking for. However, I doubt that any insurance company would give you the data because it would be vital trade secret-type information. It couldn't hurt to ask though.
 
Well we can all agree that we are in a litigeuos society -but I'm still looking for some numbers for comparison. We haev snowmobile trails and there are 30+ deaths every winter. Do they sue because of a tree they ran into? I think Snakeriver Pirate has it right.. The judges can dictate the outcome.

So, I'm guessing no one here (as of yet) knows where I can get the amount of lawsuits filed, settlement out of court and so on? We do have this law that is "governmental immunity"... But they still want to cover their tracks, so to speak...
you can find out by researching in the clerk of court's offices in the various county's/parishes for each state. for federal claims, you would need to check with the clerk of court for each judicial district in each state.
unfortunately, I do not believe you will be able to research out of court settlements because they are generally not recorded anywhere.
If you have access to WestLaw, Lexus/Nexus or some other legal research database, you can check for those cases that have been adjudicated through the appellate courts (courts of appeal).
Yes, people wanting to hit the jackpot because of some misfortune, people thinking every misfortune is someone else's fault and shyster attorneys invent reasons to litigate.
whoever said, kill all the lawyers, was on to something. how come that idea got dismissed?
 
https://www.shearwater.com/products/teric/

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