It seems to me that the referenced document was compiled by the plaintiff... figures they would leave out anything that hurts their case rather than helps it. Some of the "factual background" seems a little speculative as well.
Thanks for posting that, makes for an interesting read. In particular, I find the parts regarding the voting logic of the computer interesting. It seems they are going after Dive Rite and Hammerhead for that bit. Why don't they just sue every ECCR manufacturer for being complicit in what, as far as I know, is a fairly standard practice.Originally Posted by TONY CHANEY
I really cannot, not for the life of me, figure out why several members on here are making hasty generalizations that the entire lawsuit is simply bogus. What if something was wrong with the unit, how the inspection was handled (pages 69-71 of the hyper link I posted), etc. Sometimes these lawsuits result in recalls and prevent other accidents. i.e. Toyota recall. I drive so I take the risk of having an accident, I accept that but not having an accident due to gear failure. BTW I drive a Toyota and was very concerned about the recall not just for my safety but also for my my wife, 2 daughters and fellow drivers. I know that we are engaged in a sport that has risk but I really need the deck stacked in my favor to include well functioning gear. Why not let it run its course and then decide based on the outcome. Hell this lady is looking for answers for her husbands death, why drag her thur the silt?
"...some night, in the chill darkness, someone will make a mistake: The sea will show him no mercy." John T. Cunningham
Because Wes broke the #1 Rule of Rebreather diving, dove with bailout and the Cardinal rule of rebreather diving (if you want to be able to sue) getting trained on the said unit. Also if you are going to borrow someone else's unit, you need to make sure the cells aren't too old, which he didn't. This is not a lawsuit, it's a witch-hunt.
If you die from going though the window of your Toyota because you didn't wear a seatbelt, you really think your family will blame Toyota for the seatbelt malfunctioning?
No one stands up for the OW divers who die while venturing into caves, did their equipment malfunction? Who cares, they shouldn't be there in the first place because they weren't trained to do it!
If Wes was trained on the unit and was carrying bailout, I would be silent though all of this, but he chose his own demise and his wife needs to accept that.
I get that Jordan and you are right IMHO, but just because you drive without seatbelts does not exempt the manufacture from faulty equipment . If faulty equipment caused the crash. (not saying that there was but...)
"...some night, in the chill darkness, someone will make a mistake: The sea will show him no mercy." John T. Cunningham
But that is like saying you are going to sue the vehicle manufacturer for going though the window after you crashed, but you weren't wearing your seatbelt. Having OC bailout while diving a rebreather is your seatbelt. You are trained to bailout if you feel anything at all out of the ordinary.
The problem with this lawsuit is credibility, Wes WAS NOT trained on the unit. So how by any means can someone sue on his behalf, when every manufacturer requires training to use their units. Let me re-phrase my last seatbelt thing.
If someone dies while driving a car and NEVER had a driver's license, who do we blame in that situation. It is always the person WITHOUT the proper training.
Does the unit warn you when the voting logic is in place? Seems a bit absurd to rule one out and not tell the user, so I'm assuming it does. If so, are CCR divers taught to bail out when the logic takes place, or stay on the loop?
Humm, totally understand and it makes sense. So, should she file a lawsuit for the, we'll call him 3rd party, for letting him use a unit he was not certified for. I would not, would you?
"...some night, in the chill darkness, someone will make a mistake: The sea will show him no mercy." John T. Cunningham
I rarely agree with Jordon, however it seems pretty clear here that without training, using old o2 cells and having no bailout while blaming the equipment is just wrong; ambulance chasing lawyering imo.
I hope the defendants counter sue for legal fees and bring out all the warts to the light of day to show who was really in the wrong.
Also folks, planning for your family goes way beyond insurance. Lawyers will probably make it hard on your family regardless and should be a very small part of preparing for the future. Stocks, bonds, CD's, savings, real estate, eliminating debt/living below your means are much better way to take care of them in my opinion.
Last edited by DonJ; 07-27-2012 at 01:44 PM.
Very good question James and if it doesn't then you just let out your million dollar idea.
"...some night, in the chill darkness, someone will make a mistake: The sea will show him no mercy." John T. Cunningham
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