Leisure Pro warranty policy...

[bleeb]

Well this thread has taken an odd turn. Wonder if it is because John Edwards didn't get the job he was applying for today and he might be looking for something new to do? All this lawyer speak. First a guy has a problem with an online store, online store solves problem, guy happy, and now we are talking about self servicing gear and lawsuits???

Slow news day (week)?

 

[UnderSeaBumbleBee]

Slow news day (week)?

Must be.

 

[scubadale]

Slow news day (week)?

Must warn you that drinking coffee and reading threads could lead to severe burns.

 

[ReefHound]

Like I said, more quacking still no backing.

 

[ReefHound]

Don, you're paranoid about getting sued and you chose to become a DM?

 

[Don Wray]

Don, you're paranoid about getting sued and you chose to become a DM?

Nope, been there done that....I was trying to make the point that I understand LP's stance against allowing Joe Blow to get parts to service their regs. Some people could do so with out a problem, others have no idea what they are doing and their loved ones would try to hold LP responsible. Even to win, it cost big bucks. I DM because I enjoy it and carry insurance that allows me to enjoy it. Even with insurance and knowing your not responsible, going through the process isn't a day in the park. (quack, quack)

 

[Don Wray]

However, to make my point of anyone can sue for anything:

October 17th, 2005

"Scuba Death Leads to Lawsuit Settlement Against American Medical Response"


The parents of a 26-year-old scuba diver who died after a scuba accident have settled for an undisclosed amount in a wrongful death lawsuit filed against American Medical Response, the ambulance company that responded to the scene.
The lawsuit also included Monterey County, CA where the incident took place because the county used AMR’s ambulance services. The suit had claimed there was negligence involved on the part of the paramedics who responded to the scene. The lawsuit also claimed that both paramedics had taken heroin earlier in the day.
The scuba diver, Mollie Suh Yaley, a dive master and scuba instructor, was found unconscious by lifeguards in 15 feet of water. It is believed that the young woman was underwater and unconscious for two to three minutes.
The lawsuit contended that the ambulance took too long to get to the scene and that the paramedics stopped giving Yaley resuscitation after 22 minutes. A paramedic declared the woman to be dead but four minutes later via radio a doctor ordered him to restart life-saving measures.
The woman remained in a coma for 15 days before dying in the hospital.
The ambulance company’s dispatch system was not working at the time the call came in. The system had been down for maintenance. In lieu of computerized response the county 911 office was required to telephone the ambulance company. AMR officials say that the call did not come until five minutes after the incident was first reported.
The paramedics were Alfonso Martorella and Bruce Faucett. Martorella confessed that both men were using heroin earlier in the day. Monterey County changed their ambulance service to another carrier.



(quack, quack)

 

[Don Wray]

Or this:

Disabled on scuba dive, man sues Coast Guard

Paralyzed from the waist down since his May 2005 trip in the gulf, the Bradenton man says his rescue was mismanaged.

​

By SHADI RAHIMI
Published May 7, 2006

[Times photo: William Dunkley]​

Timothy Hogan has not walked since suffering a diving condition that damaged his spinal cord during a dive in the gulf on May 15, 2005.

Photo courtesy of Amy Hogan​

Timothy Hogan shows off a hogfish he caught spearfishing off Bradenton in April 2005.


BRADENTON - Timothy Hogan was scuba diving 122 feet underwater in the Gulf of Mexico, and something was very wrong.
His vision had gone blurry. When he blinked, he saw flashes of light, like electrical charges.
But 80 miles from the coast of Tampa Bay, Hogan ignored the signs of trouble. He kept yanking on the line of his spear gun, which was stuck in a 7-pound mangrove snapper that had darted into a crevice of a limestone ridge. A glance at his dive computer showed he had seven minutes to surface safely.
He didn't know it then, but his life was about to change forever.
"I felt fuzzy, but I didn't think much of it," said Hogan, 42, who had been diving for a decade. "I thought maybe I just overexerted myself."
Back on the boat, the symptoms worsened. The captain called the emergency hotline of the Divers Alert Network. A Coast Guard rescue helicopter was dispatched. Hogan waited, anxiously, as the tingling in his toes began creeping to his legs.
He has not walked since that day - May 15, 2005.
During Hogan's second dive of the day, his doctors believe, too much pressure built up in his lungs, causing gas bubbles in his arteries. Called an arterial gas embolism, the condition damaged his spinal cord and led to paralysis.
Many have died as a result of the diving condition, but some have lessened the damage after undergoing intensive hospital treatments where they breathed 100 percent oxygen.
Hogan believes he also could have reduced the harm to his system had he reached a hospital sooner. He is now paralyzed from the waist down.
In March, he filed a civil lawsuit against the Divers Alert Network and the Coast Guard, alleging that they mismanaged his rescue, leaving him waiting for hours as he lost all feeling in his legs.
Other injured divers have tried to sue the Coast Guard without much luck. Federal law does not require the agency to rescue scuba divers.
But the federal agency can be held responsible for negligence, said Hogan's lawyer, Matthew Mudano, because it is in the business of performing rescues.

 

[Don Wray]

Or this:

From the first moment of every day, Robert Raimo is exhausted.
His head rages with pain. Black spots like mice dart across his vision.
Numbness grips his hands and feet, and he cannot work.
It is as if the oak-chested ex-Marine had suffered a stroke.
But Raimo was merely diving. "Baby diving," he protests - swimming scuba-
clad along the reefs off Bonaire, the Netherlands Antilles, last April. And
today he can barely function because, Raimo says, he staked his life on a
sophisticated diving computer with a potentially deadly flaw.
It was a flaw the manufacturer, Uwatec, hid for seven years, a span of
silence that jeopardized the health and safety of hundreds of divers,
according to interviews, legal documents and company memos.
In November, four of the divers take their cases to trial in Oakland
federal court, where they will argue that Uwatec blocked disclosure of the
computer defect at every opportunity.

 

[Gombessa]

However, to make my point of anyone can sue for anything:

the paramedics stopped giving Yaley resuscitation after 22 minutes. A paramedic declared the woman to be dead. . . The woman remained in a coma for 15 days before dying in the hospital.

The ambulance company’s dispatch system was not working at the time the call came in.

The paramedics were Alfonso Martorella and Bruce Faucett. Martorella confessed that both men were using heroin earlier in the day.

Huh? If this report is taken at its word, how was this suit in any way frivolous? Paramedics DO NOT stop resuscitating victims, and the DO NOT have the authority to declare them dead (for the very reason that, as happened here, they get it wrong).