New Diver injured in training...who is responsible?

[ScubaBobCancun]

My wife was on a cruise recently and signed up for diving instruction which was listed as one of the cruise ships excursions.

She had always wanted to go diving and this presented an opportunity to go.

On her first dive she was taken down 40 feet and had a guide rope to help her. For some reason the instructor was talking to her and guided her away from the guide rope and did something with her regulator which she says caused her to ascend to the surface.

However, she must have ascended too fast and uncontrollably because she was bleeding out of her nose and ears when she got to the surface. She was not able to hold onto the rope because the instructor pulled her away and whatever he did to her regulator caused her to surface too fast.

She is complaining of major headaches and went to the cruise ships medical office to get looked at. They have said she now has 1 blown ear drum and damage to the other. She also has damage to her sinuses in her nose and was bleeding out of both ears and nostrils. She can't hear out of the one ear and still has pain in her head.

The cruise line is claiming it was an independent company who did the instruction and they are not liable for anything that happened, even though it was listed as an excursion on their website.

The diving instructor is saying my wife lied and came to the surface on her own and they are not liable because she signed a waiver. The problem is she is not a certified diver, she was receiving instruction...how can she be liable when this instructor caused this to happen? Why would he pull her away from the safety rope and mess with her regulator?

She isn't due back for several more days so unsure what to do or if I should contact lawyer because she is going to need surgery from the sounds of it? She can't get any water in either ear without risk of infection.

The question of liability depends upon where you were. In the US you can sue almost anyone remotely related to the event: the instructor, the dive shop, the cruise ship, etc. In Mexico (where I live) it is almost impossible to sue anyone because their liability laws basically say, "what could you, as the injured party, have done to prevent the injury or death?" Well, you didn't have to go diving, you didn't have to go with that instructor, etc. Bottom line is that in Mexico you have to prove rampant negligence to even consider a law suit. Instructors in the US pay about $600 a year for diving insurance. In Mexico you can't even buy it because it isn't needed. So first, after making sure your wife is well, is see if you have any rights in the country where the injury occurred. Second, try to figure out what damages you sustained as American damages such as "pain and suffering" or "loss of conjugal services" are laughed at in most of the rest of the world. Third, figure how what percentage your lawyer will take. Then decide if you really want to sue. Unless the other side has some seriously deep pockets or lots of insurance you will be wasting your time.