Who is liable?

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divemed06

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Just wondering....does anyone know of an instructor, LDS or certifying agency that has been succefully sued follwing a dive accident/death(don't want names but maybe a short description). Who would be most likely to get sued?
 
which has it's share of deep water
there has never been a reported case
involving SCUBA diving. That doesn't mean
there hasn't ever been a lawsuit over diving
just that there has never been one that
reached the Court of Appeals.
 
Liable is Cain and Able's stepbrother. :wacko: (she runs for cover) R
 
to get sued. That includes the mine where the lead in your weightbelt came from. Of course being LEGALLY liable is a different story.
 
Go to the Rodales Scuba website (also runs for cover :D )

Follow the links to the "Lessons for Life" database. There are 50+ dive accident articles. Most of them list the outcomes of whatever litigation resulted from the accident.

As sad as a lot of the stories are, they make for very interesting reading. You wouldn't believe some of the things people do underwater.


Scott
 
I plugged PADI into the federal court docket search source for a quick look. I chose PADI only for ease of searching and the fact that it yields few false hits (SSI yields a blizzard of social securites cases).

I came up with a handful cases against them over the years in S.C., La. and N.Y. These were personal injury cases and PADI successfully extricated itself from each case, leaving liability to the dive shop or individuals closer to the harm.

A broader search using the names of manufacturers would produce more liability cases. Also, most would be filed in state court, but few have dockets that are searchable on the internet at the trial level. Florida would probably be the ripest search source.

Skimming through the facts of some of the reported decisions was like reading the the "Thinning the Herd" and "undignified death" sections of News Of the Weird. There is much inexplicably stupid behavior out there, occasionally with tragic results.
 

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