Aqua Lung computer class action lawsuit

[geoff w]

A news item in Google News popped up about a class action lawsuit against Aqua Lung for dive computers - Class action says Aqua Lung scuba gear can malfunction | Legal Newsline Since I have a Suunto computer, which is from Aqua Lung, I'm curious if anyone knows what the suit is about and what is being alleged?

 

[diversteve]

I don't get that at all. Suunto is 98.7% owned by Amer Sports - a Finnish sports conglomerate. Amer Sports - Amer Sports

So I don't get the point of suing Aqualung since all they do is distribute Suunto in the U.S.

 

[Oldbear]

According to the OP's link the articles doesn't mention which computer or software. Since I like Suunto's Zoops for teaching my sentiments are hopeful this lawsuit is unwarranted. But who knows; we shall see.

 

[Steve_C]

With law suits you do not want to leave anybody unsued since then everybody says it was the missing persons fault.

---------- Post added June 2nd, 2015 at 06:00 AM ----------

From the article

"The dive computer gives vital information including dive time, water temperature, estimated remaining air time and air tank pressure. Improper information can result in “serious injury or death to the diver,” the lawsuit said. The lawsuit alleges Aqua Lung is aware of the issue and usually will try to replace the battery on a faulty dive computer.
“If the dive computer continues to malfunction with a new battery, and it is still under warranty, the dive computer is replaced with a new dive computer because the defective software/hardware cannot be repaired,” the suit said."

If it includes tank pressure it is not the zoop.

Computers do not function normally on low batteries. I dive a Zoop and and old Aeris. The Aeris quit holding the nitrox setting. New battery fixed the issue.

 

[johnmckenzie]

I have and am currently reading the entire court filing, and contacting the involved parties. I will have more on this soon.



---------- Post added June 2nd, 2015 at 11:32 AM ----------

UPDATE: Huntzinger v Aqualung America Inc.


First be aware that this information is only from the complaint submitted by the plaintiff and nothing has been proven or decided. Please do not mistake blame for culpability. After reading the entire class action complaint here is a quick summary. We are awaiting more information from all parties.


The plaintiff claims that all of the listed Suunto branded dive computers distributed by Aqua Lung in the US have defective software which could lead to failure. Further that Aqua Lung knew about the problem and failed to warn customers and the public. If you purchased an Suunto dive computer on the list you are part of the class. If the class is certified and complaint is successful their is a claim for owners to be compensated. One diver death is sited as being caused by the failure of a Cobra 2. The list does not include the new Suunto EOS Steel.

 

[yle]

AquaLung only distributes Suunto computers... and they change the batteries on some of them. It seems this guy's lawsuit is based just on a passage from AquaLung's warranty language, and not on any actual event.

Definitely smells like a clueless plaintiff found some clueless attorneys and they have dreams of getting rich... off their class action suit with one plaintiff.

 

[jonhall]

The plaintiff claims that all of the listed Suunto branded dive computers distributed by Aqua Lung in the US have defective software which could lead to failure. Further that Aqua Lung knew about the problem and failed to warn customers and the public. If you purchased an Suunto dive computer on the list you are part of the class. If the class is certified and complaint is successful their is a claim for owners to be compensated. One diver death is sited as being caused by the failure of a Cobra 2. The list does not include the new Suunto EOS Steel.

There "is" a claim form or "will be" a claim form? Have you seen the list of dive computers?

Have been the recipient of several monetary rewards after a class action suit. Who knew having 3 lawnmowers (one from 1982) and keeping those Sketchers long enough before putting them in a garage sale would bring me such a windfall (lol), just by filling in a claim form - I did have to send in a picture of all the shoes. Jimmy Johns was a recent one for sandwiches listed on the menu as having alfalfa sprouts, but didn't. Class action recipients received side order or drink ($1.40.)

$5,000,000 seems pretty low for a payout if the list of computers is long. The compensation would be pretty low.

I just found out recently from reading SB threads that my Cobra is probably giving me a warmer temp reading than what the water actually is. Do I have a case? Just joking , of course!

 

[Oldbear]

Lawyers

 

[DavidFL]

Maybe those who are lawyers can clarify, and U.S. law can be very different depending on the state or other jurisdiction, but my layman's experience with aviation related torts can be summarized like this: a party can be found responsible for a tiny % of a tort, and be held responsible for a much larger...even all...of the awarded damages if a suit is successful. That might partially explain why the suit is directed against a large U.S. business entity that is the distributor, not the OEM, in this case.

 

[Freewillow]

+1 with: Lawyers .

Nothing surprising though. The country is run by politicians of whom the majority are layers. What a shame.