Scuba death results in a lawsuit?

[Greg_MacMaster]

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,

 

[Thalassamania]

There have been many, many lawsuits brought as a result of a diver's death. What is it you are trying to find out?

 

[Greg_MacMaster]

Our state is worried about the return liability for an intentional sinking. I'm curious just how many lawsuits were filed, how many were successful and compare those to bicycle, boating and other accidents and try to find a ratio. A comparitive study to return to the state.

 

[SnakeRiverPirate]

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.

 

[Seuss]

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.

Yes, but anybody can sue for pretty much anything, and you usually HAVE to pay money to a lawyer to defend yourself, regardless. Not that I disagree with what you are saying, but I can see why a state would want to reduce the number of things that would give the "lawsuit lottery" people an excuse to sue.

 

[Thalassamania]

Does the State of Michigan not enjoy sovereign immunity?

 

[SnakeRiverPirate]

Seuss,

I agree with you on the frivolous lawsuit problem. The way State's normally protect themselves is with licensing and restricting use. So once again, responsible divers will take it in the shorts. Could requirements for SCUBA insurance be far behind?

I wish more judges would take up their power and just tell plaintiff that their case has no merit and adjudicate said plaintiff a "legally dangerous moron". We could then place their pictures prominently throughout the community to warn the public that there are idiots in their midst.

 

[z3r0c00l]

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.

If anything, I would say you have a far better case of suing over roads if the road condition caused an accident - potholes, cracks, poor drainage, visibility, etc. We have all signed those depressing scuba waivers, I think they help cover against most liability. And since most divers die as a result of something they did, it is probably hard to prove that something the state did caused the accident. What say you Florida? Many have died there in wrecks specifically, but they seem just fine - they just dropped a huge wreck at technical depths, asking for and getting several serious incidents a year. I wonder has anyone sued China for deaths on Mt. Everest?

 

[Greg_MacMaster]

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...

 

[Thalassamania]

The State either has sovereign immunity (which I believe it does) or it does not, if it does, then there is no "covering of tracks." If the state has sovereign immunity and has set you to investigate this issue then one of two things is going on:

1. If you are a private citizens with a personal interest in the issue, someone in the State government is wasting your time instead of assisting you.
2. If you are a state employee who has been directed to look into this issue, someone is wasting the taxpayer's money.

In any case, the data you seek in unavailable since most out of court settlements have nondisclosure agreements.