Legal Subpoenas

[Bill Rotella]

Caution posters, please be careful of what you post. Unfortunately we live in a litigious society and you may get a subpoena. Just because we have internet names, don't mean that you can be crude, rude, slander, and do unappropriate postings. Please remember that this web site is not a place to learn how to cavern or cave dive. This web site will contain many comments, stories, reports, and opinions. People that post should be careful, responsible, and mature, both in their posts and how they use anything they read here. Moderators do not monitor the accuracy of the content of threads posted here, and the opinions posted herein are personal opinions, and as such can be misleading and/or inaccurate. Entry into any overhead environment without proper training and equipment can get one killed. Opinions and comments posted onto this forum are those of the author only and may not reflect those of the forum administrators, moderators, or sponsors. Entry into any overhead environment without proper training and equipment can get you killed.



Bill Rotella

[JoeyP]

I understand where you are coming from but it is pretty sad when you have to worry about getting sued because you have an opinion. I don't think this is what our founding fathers had in mind.

Joe Citelli

[Genesis]

Big difference between a subpoena (show up for either a deposition or a court date and tell the truth, the whole truth, and nothing but the truth - that is, you're a witness) and a summons.

The latter is the "we're suing you" thing, although it sometimes goes by different names.

The former I used to get all the time when I ran my company (usually for some document or another due to something one of my "customers" was alleged to have done) and aren't a big deal. After all, you shouldn't have a problem with the truth, right?

The latter is another matter. Unfortunately the kind of disclaimer than Bill posted is all too necessary these days - witness the stickers on a ladder ("you could fall off and die" - duh!) or even better, the ones on a METAL ladder ("this ladder conducts electricity - do not use near power lines" - DUH!)

It should be obvious to all that intentionally donning mechanical equipment to enable one to breathe underwater (something only fish can do otherwise) is an intentional act that puts one's life in danger, particularly if that equipment is misused, fails, or simply runs out of supplies (e.g. gas).

Unfortunately we live in a country where the obvious forms the basis for lawsuits. In this particular hobby of ours (diving, generally, not restricted to overheads) I think its well past the time that we need the equivalent of the "Sportsman Act" as related to hunting, the "Equestrian Act" as relating to horses, or, for that matter, section 375.251 as it relates to access to land for which no fee is charged (e.g. someone allowing you to hike, or ride a motorcycle or ATV, on their land without you paying an entrance fee.)

(I ain't a lawyer, but I did run a corporation that was very much 'in the public eye" for more than a decade and had to deal with this "stuff" as part of my duties....)

[DeWayne]

Okay I'll bite, who got burned?

What really stinks is that it is typically the BS cases that garner the publicity and big bucks while legitimate cases suffer. Immagine suing a company for serving you hot coffee and winning while companies such as Ford get away with blaming their defects on the inabilities of their customers.

[JoeyP]

Big difference between a subpoena (show up for either a deposition or a court date and tell the truth, the whole truth, and nothing but the truth - that is, you're a witness) and a summons.

You are correct. But if you get a subpoena it usually means someone is getting sued and all to often it is frivolous and that sucks.

Sometimes I think Burr and Hamilton had the right idea.
I bet it would cut down on the frivolous suits.....

[nwade]

Bill could be suggesting that lawyers for either side might be trolling the waters looking for potential 'expert' witnesses re tragic events.

[Capt Tim]

No posting messages intended solely for solicitation.

[Jay]

Are you inferring that they will be taking action in a case?

Jay Wells

[Capt Tim]

Not inferring anything, just making an observation and offering no opinions. I'll wait for the accident analysis. Make any opinions or conclusions you want.

You might also be interested in this.

http://www.lancasteronline.com/pages/news/local/6/10318

[caver]

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