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Crew member sues Conception

Discussion in 'Scuba Related Court Cases' started by Dizzi Lizzi, Sep 19, 2019.

  1. Bob DBF

    Bob DBF Solo Diver

    # of Dives: I just don't log dives
    Location: NorCal
    7,972
    10,713
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    As was discussed on the first pages, the crewman should be covered by the Jones Act for Mariners for injuries on the job, If the owner was not carrying Jones Act insurance, the crewman has to sue in order to have his injuries covered since mariners are not covered under Workers Comp.

    The suit is under maritime law not civil law.


    Bob
     
    eleniel, Hoyden and Sam Miller III like this.
  2. KWS

    KWS ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: SE TEXAS
    4,821
    1,215
    113
    It takes both to do it. If you dont agree thats ok. The behavior is very apparent when it comes to things like health care etc. the more coverage the more it costs , the more it is used because the payer feels cheated they are not getting their monies worth for their high premiums. Why call mom and see what to do for a cold when you can go the the ER and not look stupid in moms eyes. After all your coverage covers it and it is 20k a year. Had they paid say 2k a year they would learn to do things to keep the costs down. Look at drivers and how dangerously they drive . they beg to get minor hits so they can get large settlements. What does a settlement cost??? look at your coverage. The settlement is pay the max and they will stop the suit. They pay because of the legal costs. Yes via the hands of ambulance chasers. Not all is like that but a large amount are in one form or another. Co worker family had 3 accidents in a couple of years each settlement ran 100K because that was the limit of the liability ins. new car and change to boot.

    Cali years ago had a problem with (demography) stepping out from between cars at a stop light slapping the rear fender and claiming they were hit, Like FLA a laew change was made. The change...... if you are in a cross walk youare a pedestrian . if not youare a vehicle. entering the roadway from between cars places the accident fault on the person and not the car. Those suits came to a hault very quickly. this happened in the late 70 toearly 80's.
     
  3. KWS

    KWS ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: SE TEXAS
    4,821
    1,215
    113
    Its a thing where those that can not be successful on their own do it in other ways. a disgruntled employee making 10 an hour can not get a raise so they fake an accident to settle for 50 - 100k. the legal system is a second job for so many. if not for cash settlements the promotions etc. It is a common practice. Dont have health ins. then go to the ER cause the law requires them to aide you whether you can pay or not. go in with no ID and a fake name and you are in the clear.
     
  4. Esprise Me

    Esprise Me Kelp forest dweller ScubaBoard Supporter

    # of Dives: 100 - 199
    Location: Los Angeles, CA
    739
    850
    93
    Fascinating. Is this true of you and yours, or only other people?
     
    StefinSB likes this.
  5. EWC

    EWC Angel Fish

    # of Dives: 200 - 499
    Location: United States
    12
    3
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    1. Then why was he working on the boat?
    2. What did HE DO to warn the passengers of those “unsafe conditions”?
    3. What did he do to mitigate those unsafe conditions?

    ...and finally...

    4. If a roving patrol was required when the bunk room was occupied, then how could a fire break out and grow so large that it could completely trap the passengers before anyone was even aware of the fire on a boat that’s ONLY 75’ long to begin with? The information provided indicated that the roving patrol went to his rack (bed) after he made a sweep of the galley? If that’s the case, then why shouldn’t the company be held liable if their roving patrol went to bed?
    5. Why would BOTH EMERGENCY EXITS from the sleeping area empty out into the same space above?
     

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