Filmmaker Rob Stewart's family files wrongful death lawsuit

[Wookie]

It would be nice if juries could determine that some lawsuits are asinine and not only clear the defendant but fine the plaintiff and counsel for all defendant legal fees and court costs.

It's called jury nullification. I don't know if it applies in civil cases.

 

[bmbeaty]

It's called jury nullification. I don't know if it applies in civil cases.

I was going to say the same thing, and it always applies. Most people just don't know about it. A jury never has to convince, even if someone clearly broke a law. If the jury thinks it's a bad law they can simply vote "not guilty"

 

[Seya]

I was thinking exactly that. I have been in exactly that situation on many dive trips. Making a a third deep dive in a day is a calculated risk I have taken for various reasons, locating gear lost overboard, slipping a tie in etc. I have often accepted offers of accompaniment on those dives (but never with an uncertified student). The fact that Rob was technically certified yet Sotis is still being held accountable for this unfortunate outcome bothers me.

It's like work if you are someone that is breaking safety rules you should expect to get disciplined. It's creating a unsafe work culture. By you making calculated risky decisions you are creating an unsafe dive culture. You don't get hurt or die every time so do something dangerous at work. But by making an unsafe culture more people will end up getting hurt or dieing. By being an instructor you should lead by example. Not teach them one way than dive another. Then whine if you get sued and say my students should of know better when you first exposed them to unsafe behavior.

 

[oldschoolto]

It's like work if you are someone that is breaking safety rules you should expect to get disciplined. It's creating a unsafe work culture. By you making calculated risky decisions you are creating an unsafe dive culture. You don't get hurt or die every time so do something dangerous at work. But by making an unsafe culture more people will end up getting hurt or dieing. By being an instructor you should lead by example. Not teach them one way than dive another. Then whine if you get sued and say my students should of know better when you first exposed them to unsafe behavior.

Everything you do is a calculated risk.. period.... The only thing that we do is see how much risk we want to take..He was all in to learn CCR in the fastest time and start filming... He most likely talked to CCR Divers and instructors that told him he was crazy... Don't stick your hand in the fire and then cry you got burned...

Jim.

 

[Seya]

Everything you do is a calculated risk.. period.... The only thing that we do is see how much risk we want to take..He was all in to learn CCR in the fastest time and start filming... He most likely talked to CCR Divers and instructors that told him he was crazy... Don't stick your hand in the fire and then cry you got burned...

Jim.

Stop trying to justify unsafe behavior. Nothing will change until we change the culture to stop excepting unsafe behavior as normal.

 

[Wookie]

Stop trying to justify unsafe behavior. Nothing will change until we change the culture to stop excepting unsafe behavior as normal.

What do you see as unsafe behavior on anyone's part? Where does acceptable risk become unsafe, because the way I read your post (and I'm not trying to be argumentative, but it comes naturally) any diving is unsafe. Diving isn't safe, but it can be done safely.

Is experience a valid substitute for training?

 

[Cowfish Aesthetic]

I'm not sure this is productive. We would all agree that in most hypothetical situations an instructor should not be liable for a student's later decisions, and I think we would also all agree that there are hypothetical situations in which an instructor should be liable for a student who relies on bad and dangerous instruction. We don't know which situation this is.

 

[jadairiii]

Did you find a docket number? Because no one has been served. And I can't find a docket number.

CACE17005915

 

[jadairiii]

It's called jury nullification. I don't know if it applies in civil cases.

Jury nullification really only works in criminal cases. In civil, if a jury does not agree (for whatever reason) with one side, then the other side wins (basically, Florida is a Comparative fault state). As to attorneys fees and costs of litigation against the losing side, that is possible depending on the type of case. Jury would not order it, that is a issue for the court, if available to the winning side.

 

[Wookie]

Big as day when you look in the right place....