The word “scuba” is actually an acronym that stands for “self-contained underwater breathing apparatus”. This refers to the oxygen tanks and masks that allow divers to swim in deep waters for prolonged periods of time. The activity is very widely used for many purposes, including scientific exploration, commercial purposes, and recreational hobbies. Scuba diving requires a certain amount of training and experience, without which the diver may expose themselves to various risks.
Because of the risks involved in the activity, scuba diving accidents can occur. These may include accidents such as:
- Equipment failure
- Collisions with underwater objects
- Struggles with underwater water currents
- Encounters with animals
- Various other incidents
Scuba diving accidents can lead to injuries which may be very serious and sometimes life threatening. This is due to factors such as water depth and pressure, as well as temperature. Some injuries include decompression sickness, lung injury, head and neck injury, and in some cases, drowning and death.
Who Can be Held Liable for Scuba Diving Accident or Injury?
Scuba diving injuries and accidents may be caused by a wide range of factors. Due to the different factors involved, various parties can become liable for an injury caused by a scuba diving accident. A common example of this is where a diver is injured due to equipment failure caused by a product defect. These can include faulty tank valves, defective mask equipment, and other similar issues. In such cases, the manufacturer of the product may be held liable for injuries caused by the product failure.
In other cases, scuba accidents can happen in the context of a group diving activity or a personal coaching session. In such cases, a scuba diving instructor or coach may be held liable if they were negligent in instructing or guiding a student. An example of this when a scuba instructor causes a student to dive in rough waters that they know they are not capable of navigating. While many group or instructional scuba courses require the participant to sign a waiver, liability can still be found, especially if there is proof of negligence.
Are There any Legal Remedies for a Scuba Diving Accident Claim?
Many scuba diving accidents may result in legal action to resolve any potential disputes or legal conflicts. In such lawsuits, legal remedies typically involve some form of monetary damages award that is issued to the plaintiff. This damages award may be sufficient to compensate for losses such as hospital bills, medical costs, any property damage, and various other fees and expenses.
In cases where several persons have been injured or exposed to risk by a specific scuba-related product, a recall may be issued for the product. Also, some scuba diving accident claims may consolidated into one class action suit if many different plaintiffs are injured by the same issue. In cases where wrongful death is an issue, the survivors of the plaintiff may also be entitled to compensation.
Do I Need a Lawyer for Help with a Scuba Diving Accident Claim?
Scuba diving accidents and injures can be very serious in nature. You may need to hire a personal injury lawyer in your area if you need legal representation for an injury claim. Your attorney can provide you with the assistance and guidance needed for your case.