The way I see it...
SOME people in the United States have gone overboard with lawsuits. I think there are legitimate times to sue to 'blame' someone, but I also think that people sometimes use a lawsuit to TRY to put blame on someone else. Sometimes, people cannot accept that something bad has happened, and although it may have been a freak accident, they try to find someone or something (which eventually comes back to the inventor, or manufacturer) to blame for the unfortunate incident. Sometimes people cannot accept that their friend/loved one may have MADE A MISTAKE. Mistakes underwater are not as forgiving as mistakes on the surface.
Sometimes there needs to be a blame placed, for outright poor products, or placing someone in a dangerous situation, unfortunately, if a dive operation puts takes you to sharks, and you jump in the water, I think that you are accepting the responsibility that something may happen to you under the water. If the operator stuck a 'tastes like chicken' sticker on your tank, and tied a beef roast around your tank valve while you were not looking, well, then maybe there would be some blame to throw around there. With diving, as most activities, there is an inherent danger involved, I think that danger is accepted the moment you get in the water.
You must admit though, if a 'lawyer' came up to you and said that he wants to sue 'company a' for 10millionbucks, for the death of your loved one and that it would cost you nothing, until you receive a settlement, (in which case, the lawyer takes half), would such a scenario not be tempting for a person who was not 'financially well-off'?
No offence to Joewr, his son or any other lawyers out there, but there are some lawyers who are ambulance (or hearse) chasers. I think that these types of lawyers often make promises of big bucks to the family of the injured or deceased, and in turn, clog up the legal system, and drag someone through court, causing them grief, and financial burden.
It is a vicious circle, or maybe it is a downward spiral? In closing, frivolous lawsuits only benefit lawyers.
This may have got off topic a bit, but I felt like ranting.
Joewr is right about the outcome of the case coming down to how good your lawyer is...and OJ, well his lawyers got him off of the criminal charges, but did he not LOSE the civil case, and was he not ordered to pay a truckload of money?
Sometimes, we need to accept our own stupidity, and grow thicker skin.
I already have my Nomex suit on, if you need me, I'll be under this soapbox.