It's everywhere; shameless! For all tall tales, all one must do is follow the money. Who is benefiting and why? I, honestly, know no one that is so altruistic that they will invest thousands of dollars of their own money not to make a return. I am not saying that in and of itself is bad; I just wish people would be honest about their intention.
"Obvious" is an understatement...open invitation and urging is more like what we experienced. About a year before my Intro cert, my son and I visited Vortex during a family vacation. We just went to shoot some video in OW for my son's color absorption science project. When we signed in, we were invited by management (maybe owner?) to "check out the cave"...actually urged to check it out...all the way back to the gate. We informed him we were not trained for overhead environments, but he assured us that OW divers did it all the time, and that it was safe. My son and I have the good fortune to dive/train with a shop chocked full of tech/cave divers, and had had plenty of warning/advice about overhead environments at the time. I cringe at the thought of such invitations extended to those coming from less vigilant shops and training programs.
Get busy livin', or get busy dyin'
You don't need any evidence at all to sue someone in civil court, or even to get money out of the defendant. Even a frivolous lawsuit is likely to result in a settlement as most insurance companies are hesitant to actually take anything to court.
But we are not talking about wrong ful death suits, we're talking about some degree of criminal liability and that requires demonstration of intent (negligent, reckless or otherwise) as well as a higher standard of evidence.
Not in Federal Court. You may be able to FILE the suit without evidence, but it will be dismissed very quickly unless facts are included in the complaint. You MUST have well-pleaded factual allegations IN the complaint. You're not allowed to develop these facts in discovery, you have to have them from the get-go.
I've said it before. A citizen's access to the court system shrinks every day.
TV Drama. We all know the efforts put forth. The outside looking in doesn't have a clue.
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"Men wanted for hazardous journey. Low wages, bitter cold, long hours of complete darkness. Safe return doubtful. Honour and recognition in event of success."
Earnest Shackleton
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