scubaboard and sb users being sued

[Guba]

This is going to be quite a case, I believe, or it will be a total flash in the pan. IF it should go the distance, imagine the impact on the Blogosphere, Twitter, Facebook, and all the other "virtual communities" on the internet. I can only imagine that a particular segment of the legal community must be licking their collective chops at the potential ramifications.

And I am saddened by the prospect.

 

[Texas Torpedo]

Yep. All you have to do is find some lawyer who will take the case for some large percentage of any awards. So the cost to the plaintiff may well be nada.

A case like this usually won't be handled on a contingency basis as there isn't near enough money available to appeal to a law firm. And besides, the only way they have a chance of prevailing in court is if they could prove a that Scuba Board brass conspired to do them damage, which they have not.

 

[PeppermintPaddi]

On the post in question Net Doc said his lawyer told him $10-100K just to defend against the suit. U.S. Courts have been known to award large sums for mental anguish - so SB can't just let it rest.

And David's right - it doesn't have to be about money. Shutting SB down would be the pits too.

 

[Mark Michaud SELAUSAR]

If any civil lawyers are on here, please correct me if I am not completely accurate. The simple answer is this: Slander / libel has to show that someone lost money because of allegations that the speaker or (in this case) writer knows, or should have known was false.

If the defendants believed (based on facts ie... bad air) than free speech can be a defense. To say things to hurt someone in order to cause them, or the result causes them, to lose money knowing it to be false, then you have a case.

This is being adjudicated in a US court under US rules. The defendants will have to answer and the answer (written) will say alot as to where this case will go. There may be non-binding mediation in the begining as well as depositions which are great fishing expeditions for lawyers. If it ever goes to trial, who ever makes the best case usually wins.........right and wrong are not a factor.

I am not an attorney, but have been in civil and criminal courts for 18 years as well as attending schools and classes having to do with civil tort. The big things is this..............attorney's work for money. If there is no real value (people with big money) there will not be much to it when it is said and done.

It will cost the plaintiff a lot if this suit is not settled out of court. The cost of attorney's fees, filing fees, accomodations, food, flights, etc...........may exceed the value of the case and finding an attorney to take it (who is schooled in US law and courts) will be tough. From what I have read (in the filed papers) this one will be interesting but I don't think it will make it to a trial.

 

[scubashawn123]

If any civil lawyers are on here, please correct me if I am not completely accurate. The simple answer is this: Slander / libel has to show that someone lost money because of allegations that the speaker or (in this case) writer knows, or should have known was false.

If the defendants believed (based on facts ie... bad air) than free speech can be a defense. To say things to hurt someone in order to cause them, or the result causes them, to lose money knowing it to be false, then you have a case.

This is being adjudicated in a US court under US rules. The defendants will have to answer and the answer (written) will say alot as to where this case will go. There may be non-binding mediation in the begining as well as depositions which are great fishing expeditions for lawyers. If it ever goes to trial, who ever makes the best case usually wins.........right and wrong are not a factor.

I am not an attorney, but have been in civil and criminal courts for 18 years as well as attending schools and classes having to do with civil tort. The big things is this..............attorney's work for money. If there is no real value (people with big money) there will not be much to it when it is said and done.

It will cost the plaintiff a lot if this suit is not settled out of court. The cost of attorney's fees, filing fees, accomodations, food, flights, etc...........may exceed the value of the case and finding an attorney to take it (who is schooled in US law and courts) will be tough. From what I have read (in the filed papers) this one will be interesting but I don't think it will make it to a trial.

Very interesting information. I looked up this dive area operations on the internet not associated with scubaboard and found all this bad press due to reported accidents and fatalities at this certain dive location and operations in one spot:

CDNN source: CDNN :: Maldives Scuba Diving Accident Kills 1, Injures 10

Overseas press release from Bauer Kompressors,,,read half way down: http://www.scubaengineer.com/documents/carbon_monoxide_accident.pdf

CDNN more stuff source: CDNN :: Fatal Scuba Diving Accident Exposes Systemic Dive Safety Problems in Maldives


Another scuba forum: http://www.****************/forums/maldives_scuba_accident/maldives_scuba_accident.html

Diver.net source: Dive Accident Victims Face Maldivian Government Silence

Maldives source: Singer Katie Melua Is Okay After Diving Accident | Maldives Liveaboard Holidays

scuba Maldives source: Scuba Accident | Scuba Dive Maldives


With only 10 minutes on the internet, and not sharing my opinion about what I just read on non-scubaboard internet sites I must say, I have a very strong opinion formulated from the reports I have read.

However, I am not saying what that strong opinion is.

 

[Joe-Diver]

imagine the impact on the Blogosphere, Twitter, Facebook, and all the other "virtual communities" on the internet.

If the suit is successful, it will change everything. I think a good many, if not most, will simply shut down rather than face the legal risk of someone posting inflammatory or derogatory information about someone on their site.

On the other hand, it could go miles toward curbing the Internet Bully and Keyboard Commando. If people would actually face real monetary consequences of what they post.....

 

[Texas Torpedo]

You can be assured that it will at least create a higher level of censorship by forum owners trying to reduce their exposure in situations like this. It's a disgusting thought, both as a member and a forum owner. I'm sure plenty of lawyers will be keeping an eye on how this little work-around is being used to go after SB rather than specific members.

 

[Joe-Diver]

I feel bad for the forum members actually named in the filing. If this thing isn't dismissed and actually moves forward, these people will be identified and subpoenaed, probably sued as well if not named party to the original. Once the bloodletting begins they'll prick as many people as they can....anyone that ever posted anything negative against the diveop in that thread or others.

 

[scubashawn123]

I feel bad for the forum members actually named in the filing. If this thing isn't dismissed and actually moves forward, these people will be identified and subpoenaed, probably sued as well if not named party to the original. Once the bloodletting begins they'll prick as many people as they can....anyone that ever posted anything negative against the diveop in that thread or others.

What about all the world wide reporting that sheds such a negative light on these scuba accidents in this specific geographical area of the world? I think it is frivilless to think that all these other internet and regular media outlets can report on such diving problems in a specific region and they are not named in said suit. But a few bloggers share their personal opinion on a scuba blog (scubaboard) and they are under attack in this specific suit.

I do not believe this suit will win, but should be dismissed and in Florida (any lawyer speak up and correct me) but I think the party suing will be liable for all other parties expenses if this suit is thrown out for its frivellness. Which due to other media reports about the subject world wide means that no one on scubaboard would be liable for slander.

Slander would be if no one died or was hurt.

That does not seem to be the case from what I have read outside the scubaboard postings. Non scubaboard sources indicate death and injuries if I am reading the right material about this friveless lawsuit.

I do not expect the courts to do anything except throw this out, and I hope the parties listed in the suit will get fair counter suit in place against the plaintiff for all their emotional damages for being exposed to this unnecessary suit.

 

[Texas Torpedo]

The part that really stinks is trying to get anything out of them via a counter-suit since they are in the Maldives and I suspect it would be quite hard to get a judgement enforced there.