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Legal considerations for the Fire on dive boat Conception in CA

Discussion in 'Scuba Related Court Cases' started by onestep, Sep 3, 2019.

  1. scubadada

    scubadada Diver Staff Member ScubaBoard Supporter

    # of Dives: 1,000 - 2,499
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    I'm with Pete, if I was ever in the position, I would offer help, up to the point of sacrificing myself.
     
    KWS and The Chairman like this.
  2. Cowfish Aesthetic

    Cowfish Aesthetic Barracuda

    # of Dives: 50 - 99
    Location: Chicago
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    I think you misinterpreted my comment. My point was not that people should be afraid to render aid. My point was that people should be afraid to rely on the legal opinions of random internet commenters.
     
    Hoyden, StefinSB and Wookie like this.
  3. ReefHound

    ReefHound PADI Pro

    # of Dives: 1,000 - 2,499
    Location: Houston, TX
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    I agree but I think everybody already knows this.
     
  4. KWS

    KWS ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: SE TEXAS
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    good sameritans are not held to the same standards as a porfessional
     
  5. KevinNM

    KevinNM DIR Practitioner

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    In NM professionals not receiving pay for the event and/or having a duty to rescue are exempt from stuff like the medical practice act or suits over malpractice The DoH might pull their license if a paramedic does something outside of the scope of practice, but you can't be criminally prosecuted or sued over this as long as what you did makes sense. This varies WILDLY state to state.
     
  6. KWS

    KWS ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: SE TEXAS
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    As long as what you do makes sense?????? Isnt that the meat of every suit. Isnt that what one would be sued for. Isnt that what the plaintiff hires a lawyer to prove to ultimately get a settlement for. Probably found not guilty,,,, but you have to go through the trouble and expense to defend your self all the same. That for many will leave you broke or bankrupt.
     
  7. The Chairman

    The Chairman Chairman of the Board

    # of Dives: I just don't log dives
    Location: Cave Country!
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    In Florida, professionals are considered Good Samaritans if no previous client/professional relationship exists.
     
  8. KevinNM

    KevinNM DIR Practitioner

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    You can always sue somone. I know a guy who got sued when he shot the guy who was chasing a lady around stabbing her in a grocery store. By the woman who he kept from being stabbed to death, as he was her exhusband and paid her child support when he wasnt trying to murder her. So she wanted her child support back.

    He ‘won’, but he lost his marriage and his retirement savings. Which is a big deal when you are 70.
     
    drrich2 likes this.
  9. KWS

    KWS ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: SE TEXAS
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    exactly. a lot of strange things happen. I saw on TV an interview on 60 minutes of some like show where doctors would not accept lawyer clients or clients with reticular occupatiions because they would be setting themselves up for suit if in the patients ind they did not get all of what they wanted from the operations.
     
  10. nolatom

    nolatom Captain

    # of Dives: 200 - 499
    Location: New Orleans
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    Do what you think is right under the circumstances. Help if you can, without overly risking you becoming victim no.2, which only makes it worse for everyone.

    It may be that you don't have a duty to go to that non-buddy diver who's alone and giving the throat-cut signal, and give him your octo, I don't know. What I do know is that if you don't, you're a total ****...
     
    chillyinCanada likes this.

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