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Each year, more than 1,000 Americans are injured in scuba diving accidents, and roughly 10% of these people will die. If you or a loved one has been injured in one of these incidents, a Hawaii scuba diving accident attorney at the Law Offices of Preston Easley, APC can seek compensation on your behalf.
The cause of the scuba diving accident may not be immediately apparent right after the time that it happened. There are numerous potential reasons why the accident may have happened, and potential defendants are often either the scuba diving company or the manufacturer of defective equipment. There is a chance that both the dive operator and the equipment manufacturer could share in the liability for your accident.
The maritime accident lawyers at the Law Offices of Preston Easley, APC, will perform a thorough investigation of the accident to determine who may be to blame. To get us started working on your case, contact our office at (310) 773-5207 to schedule a free initial consultation.
Equipment Is Critical to a Safe Dive
Scuba divers depend on their equipment for a safe dive. Some scuba divers bring their own equipment to a dive, while others rely on the operator to provide the necessary gear.
This equipment must be perfectly manufactured, and it must also be thoroughly maintained by the dive operator who is providing it for customer usage. Even a small issue with the equipment could lead to catastrophic injuries. For example, the following could occur:
- The regulator may fail, leading to rapid ascent or drowning
- Defective air tanks could cause carbon dioxide poisoning or oxygen toxicity
- The dive computer could give inaccurate readings, causing a dangerous ascent
- The buoyancy control device could fail, leading to dangerous ascent or descent
Scenarios for Liability in an Equipment Failure
In many cases, it can take some time to learn whether any dangerous condition was the fault of the dive operator or the manufacturer of the equipment. For example, poor planning, inadequate safety briefings, or careless supervision of a dive could have led to decompression sickness. On the other hand, a problem with the equipment could cause decompression sickness when a buoyancy control device inflates unexpectedly or does not vent properly.
In this scenario, there are several possible results:
- The dive equipment was not malfunctioning, but rather the operator was negligent in planning or supervising the dive.
- The dive equipment was faulty, but it was not due to a defect. Instead, the problem resulted from a lack of maintenance on the part of the operator.
- The equipment was defective, yet the dive operator failed to notice that and kept providing it to customers
- There was a product defect in the equipment that the operator had no way of knowing about
Further complicating this scenario is the fact that a dive operator may point to diver actions as the reason for the accident. The diver could have brought their own equipment to the dive, and then the operator only has responsibility for their own actions in overseeing the dive, as opposed to being responsible for the condition of the equipment. Even if the diver used equipment provided by the operator, they may be blamed for their own injuries because they are accused of failing to exercise the proper amount of care. They could be blamed for how they use the equipment.
You Can File a Product Liability or Negligence-Based Lawsuit
Who is responsible for the accident determines the type of lawsuit that you file. Equipment defects result in a product liability lawsuit against the manufacturer or anyone else who is involved in selling the equipment. These cases become more about how the equipment functioned, even though your actions in using it may also become an issue. A lawsuit against the dive operator focuses more on their actions, whether it involves the actual dive itself or how they maintained the equipment.
It is possible that more than one party could be to blame for your scuba diving accident. In that case, you can hold everyone who played a role in your accident injuries legally responsible for what happens. Each party who may even be partially to blame can be held jointly and severally liable for your injuries. Your scuba diving accident lawyer names all possible parties to the lawsuit, both in an attempt to maximize your compensation and to ensure that you have the proper defendant.
Contact a Hawaii Scuba Diving Accident Law Firm
You can focus more on your recovery when you leave the legal issues to the Hawaii scuba diving accident attorneys at the law offices of Preston Easley, APC. Schedule a free initial consultation with a scuba diving accident lawyer by visiting our website or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
