Scuba diving is considered by some to be an extreme sport. One which requires training and precision. Many divers rely extensively on their scuba diving gear to help them make certain critical decisions. Air intake monitors, diving hoses and other scuba equipment must work properly. Any defect can expose the diver to critical injuries. When divers are under hundreds of feet of water, equipment failure can be the difference between life and death. To have even the slightest malfunction in your equipment can lead to a host of respiratory, neurological and other health conditions. In certain unfortunate situations it can lead to death. If you or your loved one has been injured in a scuba diving accident, contact our offices for a case evaluation.
My Scuba Diving Gear Was Defective, Who Is Liable?
Liability for malfunctioning scuba diving equipment can be placed on a number of parties. Generally with any defective product you can hold any commercial seller of the equipment responsible. In certain situations the rental agency will also be held liable, if they failed to inspect the equipment before renting it out.
A product can be defective when it fails to conform and meet its designated performance obligations. There are a number of recognized defects which include design defects, manufacturing defects and failure to warn defects.
are material defects with the product
. They include a inherent design flaw which is applicable to all makes and models. This can include air hose issue, air tank issues, air monitoring defects and other part or design related defects.
Manufacturing defects are defects that occur at the time of manufacturing. This can be during the manufacturing or assembly process. It can be the result of a human or machine error. Unlike design defects, manufacturing defects are not applicable to all products.
Failure to warn defects apply when the manufacturer fails to warn of dangers not anticipated by consumers. This can include a defective air gauge monitor. Consumers are not privy to information regarding these issues and thus can hold the manufacturer responsible for injuries sustained.
If you have been injured from scuba diving equipment contact us today for a free case evaluation.
What If I Signed a Waiver?
Often times consumer sign waivers. What do these waivers really mean? Does it allow the operator to commit acts negligently and contract themselves out of potential liability? Absolutely not! You are not permitted to contract out your duties. If the operator was grossly negligent then they will be held liable for injuries sustained.
What is gross negligence? The general definition of negligence is a deviation from what a reasonably prudent person in the same situation would do. This standard as applied to a scuba diving operator would be, what would a reasonably prudent scuba diving operator or equipment rental company do? In order for the negligence to be “gross” it must be a wanton deviation from this standard. Failure to inspect equipment prior to renting them out would be grossly negligent activity.
Thus the mere fact that a waiver was signed does not mean you are not permitted to pursue a claim for damages. You are permitted to enforce your legal rights and should not be intimated by a waiver.
Bringing A Wrongful Death Lawsuit
A wrongful death lawsuit is brought by those surviving the deceased. If your loved one perished, you can bring a cause of action for the wrongful death or untimely death of that person. California law permits certain parties from bringing a cause of action. In certain situations parents, children and the spouse are permitted to bring an appropriate cause of action of injuries sustained.
In order to know whether you qualify for this type of claim, we need to evaluate the loss and the relationship between the parties. If you do qualify you can recover for loss of services, income and compassion provided by that now deceased party.
Finding Scuba Diving Accident Lawyer
Our firm handles all types of personal injury cases
. We deal with many persons injured from a defective product and help them get the recovery they deserve. Our firm will apply all resourcs both financial and legal to assist you with your claim. It is our intent to help you achieve maximum recovery for your injuries. If you have been injured from a defective product contact our scuba diving accident attorneys today for a free case evaluation.