Why does solo have a big future?

[mannydib]

i hope if she does, the defendant counter-sues for court costs & emotional duress.

 

[esqeddy]

Interesting thread. First, the allegations contained in the suit are far fetched and I doubt there is any significant evidence to substantiate the claims. Second, absent proof of a malicious act negligence is the only theory applicable. (Tell the guy and then immediately kill him? Not likely. Besides, if that were true, how did the wife know?) To prevail on a claim for negligence, there has to be a duty. A duty which the tortfeasor breached. This leads us to the real nut of the questions here:

What is the legal duty of a dive buddy? I'd love to hear what your thoughts are on this topic. I wonder if it is specifically defined by any of the dive orgs. I would also be surprised if this question hasn't already been considered by the appelate courts in at least one state where diving is popular. Further, an assumption of risk defense would be very hard to get around in a case like this.

 

[HammerNoMore]

You still end up broke from lawyer fees defending your self.

Political discussions are not allowed so I won't post my fix for that, but I will say that that is a problem that needs fixing and that I think it needs it bad enough that within the next 10 years I hope/belive it will be done.

 

[esqeddy]

Political discussions are not allowed so I won't post my fix for that, but I will say that that is a problem that needs fixing and that I think it needs it bad enough that within the next 10 years I hope/belive it will be done.

Stick to diving.

 

[DiverBizz]

What a tragedy for all involved. The lawsuit no matter the outcome will not take the pain of the loss away. Diver beware and watch your buddy beyond that what else can be done? I have seen divers with 100's of dives that I would pass on for a buddy. (You know who you are.)

 

[drbill]

This is one of several reasons why I do not like having to dive with "pick-up" buddies and prefer to dive solo unless I am with one of my regular buddies. Although I am not a dive professional (and don't want to be due to the potential liability issues), I am somehow considered a person with a lot of experience... which could go against me if I were diving with a less experienced "pick-up" buddy and something happened to them.

Of course other reasons include my deep diving (there are few divers I will take there), the frequency of my diving (which makes finding a regular buddy difficult... they actually have real jobs), and the fact that I go down to film... a solitary pursuit unless one is with a buddy atuned to that.

 

[Doc Harry]

The problem here has nothing to do with DIVING.

The problem has everything to do with LAWYERS.

No other profession on this planet is based upon profiting from promoting and sustaining interpersonal conflict. It is utterly disgusting.

If we STOP ELECTING lawyers, STOP HIRING lawyers and hold lawyers in CONTEMPT they will go away.

 

[MattL]

what you are do do for you dive buddy is give him as much help as you are traid for. This is a lawsuit that will not staned up in cout all crouse say to take grear off and as far as him killing him hed be in jial for it so i think he is a dm or want not and there trying to get some padi money from

 

[captain]

Tort law here needs to be changed so that if the plaintiff in a law suit looses he pays the defendants lawyer's bill as is done in England. There would be a lot fewer suits filed because lawyers would then tell the plaintiff his case is not that winable and he will face double the cost in lawyer fees if he looses

 

[Timeliner]

"Reqired" is the word that gave me the willies. Mr. Feldman had better hope the judge isn't DIR.

I always knew I would live to hear you to say willies.... but then, it is a complicated world just filled with all sorts of Darwin Projects and I just didn't know how long it would take.