Honolulu Personal Injury Lawyer - scuba

Scuba Diving And Snorkeling In Hawaii Are Wonderful Ocean Activities But Can Be Dangerous

Wayne Parsons — Fri, 21 Aug 2009 14:20:22 GMT

Resorts around the world offer ocean activities that often include snorkeling and SCUBA diving. Fish can breathe underwater. People can't do that. Birds can fly. Okay, you get the picture.

There is something amazing about SCUBA diving and snorkeling. It’s a feeling and experience that cannot be replicated in any other activity because effectively, the participant is breathing underwater.

Snorkelers experience the fun of breathing in an underwater world while maintaining their link to the surface whereas SCUBA diver takes it to the next level and leaves their link to the surface behind, often diving to depths of up to 100 feet. SCUBA divers are required to be certified to dive in open water of any type and the major governing and certifying board of divers is PADI, the Professional Association of Diving Instructors. Despite the fact that snorkelers remain near the surface and SCUBA divers have to be certified, both share risks. Injury or death can occur if you don't follow the rules.

Snorkelers may think that they are safer than divers because they are staying at the surface, but accidents and injuries may occur to them despite this. Snorkelers are still entering an environment which is alien to a land-living human being and it contains hazardous conditions, both natural and man made and wildlife which may present a danger to any snorkeler, even an experienced one. The most common injuries which strike snorkelers are bites, stings and trauma from collisions usually with rocks, reefs or even boats. There is also always the risk of drowning during any water activity and with snorkeling, it is usually the result of either bad weather conditions making for rough seas or losing sight of the boat and becoming exhausted. While minor injuries during snorkeling are fairly common, scrapes, abrasions, bruises, etc., serious injuries and death are fairly uncommon considering the number of snorkelers out in the water on any given day in the United States’ beach destinations.

The most high profile snorkeling death was probably that of Steve Irwin who died while snorkeling in Australia after being stung in the heart by a stingray buried in the sand beneath him.

SCUBA divers, on the other hand, seem to be at a much higher risk for serious injury or death while participating in their sport. SCUBA is an inherently dangerous sport; the participant is under the water relying on equipment, which is usually rented, to breath. Additionally, should the equipment fail, even an emergency assent to the surface may cause serious injury or death due to decompression and excessive nitrogen in the blood. Statistics indicate that deaths in diving occur very rarely; only approximately 150 are reported every year and this amounts to a risk of approximately 1 death for every 200,000 dives. The numbers are likely so low because so few people are divers and divers are required to be certified.

You can use PADI On line to check out a SCUBA instructor's certification.

PADI’s Quality Management Program

Verify a PADI Member's credential status here

You just returned home from a fabulous dive vacation. You can’t stop talking about your PADI Scuba Instructor and the dive resort, and you want to let PADI know about your experience.

On the other hand, perhaps your experience wasn’t as positive and you want to let PADI know about the problems encountered on your holiday. PADI’s Quality Management Program serves both purposes.

The governing body PADI requires all dive companies and dive masters to meet the standards of care outlined in the PADI courses which require all dive masters to be aware of all divers at all times, to make responsible assessments of water and weather conditions and the difficulty of the dive in relation to each diver’s experience and comfort level. For example, a diver who has only two dives in their log and has never had a dive in a current ought not to be taken on an advanced heavy current dive by a diligent dive master. PADI members receive special insurance through their membership and dive shops also must carry insurance. Almost all dive shops or snorkel companies require participants to sign a waiver because of the inherent dangers of the sports. Common carrier rules do not apply as most injuries do not occur on the boat or as a result of the boat’s operation but occur in the water during participation.

Traditional negligence rules apply to injuries sustained while SCUBA diving or snorkeling and thus, if you have been hurt, you must prove that the trip operator violated the duty of care that they owed to you.

If you or a loved one has been hurt while snorkeling or SCUBA diving do not be afraid to explore your legal rights. Even if you did sign a waiver, that does not excuse a SCUBA or snorkel operator from being negligent. If your equipment failed, or you were not adequately warned of unique hazards on your trip or even if the dive master or snorkel trip operator took you to a place your experience or comfort did not warrant, you may have a claim against the company. Remember, you relied on the company to take you out and get you back safely and despite having you sign a waiver, they promised to do that without negligence.

Originally posted at InjuryBoard by Wayne Parsons

"They Told Me That I Waived My Rights When I signed the Contract" .... Can They Do That?

Wayne Parsons — Wed, 22 Oct 2008 14:41:43 GMT

Did you realize that almost every ticket you buy and every contract you sign has some form of "waiver" of rights in it? Waiver of Rights is a new tool that corporations use to avoid the law. The law is what the legislatures pass as bills and what the constitution says. But corporations try to circumvent the law by having their customers sign fine print documents that say that they agree to completely different standards. Are these kind of agreements legal?

The bad news is that the courts across the country have ruled in favor of the corporations and against consumers in many situations. Appointment of conservative judges over the past 25 years has been a trend and these judges favor corporations over people in the cases before them, a trend that has dramatically changed this area of the law over my career.

Let's examine some particular situations.

Cruise lines almost always have a clause in the fine print that says any claim you bring must be filed in Miami, Florida. That's right, Miami. Why? There are two reasons. First, most of the cruise lines - and their cadre of attorneys - are based in Miami. Second, they know that most passengers won't be able to go to Miami to pursue a claim. These clauses are called "forum selection clauses" and most courts allow them to be enforced. So be aware that you can easily find a Florida attorney to bring a claim on your behalf even if you live in Des Moines of Kalispell and, for many injury claims, the attorney will work on a contingency fee. Ask an attorney in your town to refer you to an attorney in Miami and they can find someone for you or use The Injury Board search feature to locate and contact a Florida attorney who does cruise ship injuries.

Be careful with cruise lines to note if they also require that you bring a claim within a certain period of time. In Hawaii an injured person has 2 years to file a claim. But cruise line contracts or tickets often state that you must bring a claim within 6 months or 1 year. Can they do that? Can they change the law? The answer is "maybe" as courts look at all facts before deciding if the time rquired will be enforced. Since your rights are at stake, act quickly, read your ticket or contract and get some legal advice by an attorney who has handled cruise line cases.

Dinner sunset sails and other local day boat trips in vacation areas also have waivers in the papers you sign before taking the short trip. These waivers also are seen in most crusie line contracts. They state that you "assume the risk" of injury from any cause. They usally go on to state that you relieve them of all liability for everything. Can they do that?

The more dangerous the activity the more often courts enforce these waivers. Scuba diving and paragliding are more hazardous activities than a sunset dinner sail. But a faulty scuba dive regulator or a dinner sail that negligently ventures into known rough seas may get the claim past the waivers in the ticket or contract. Most of my clients in these cases tell me that signed no waivers and got no ticket on these type of excursions. When I get the file from the company it almost always includes a document waiving rights signed by the client.

Even attorneys who regularly handle these cases, have a hard time predicting at the outset what a court will do when the company tries to knock out a claim with a waiver. The facts of each case are important in determining whether the waiver is effective against the passenger. In Hawaii our courts have abolished the "assumption of risk" doctrine except in "ultrahazardous" activities. But that doesn't mean that a waiver won't be enforced.

The law has a policy of not enforcing contracts that would essentially result in waiving the right to bring a claim against someone who negligently - or intentionally - injures another person. But as the courts have become much more conservative in the past 25 years we are seeing the corporations winning many of these legal battles.

Do not make any assumptions about your situation until an attorney who handles these cases has evaluated the facts of your injury. Most of the time the claim is allowed despite the waivers of liability.

Originally posted at InjuryBoard by Wayne Parsons

Scuba Diving Should Be Safe But Be careful In Choosing A Dive Company

Wayne Parsons — Wed, 22 Oct 2008 14:11:02 GMT

Hawaii has some of the best scuba diving in the world and people come from all over the world to enjoy the exploration of the world beneath the surface of the waters surrounding these remote islands. With proper supervision, professional instruction and proper ecquipment, scuba diving is a completely safe activity. However, since th diver - and particularly a novice diver - is relying on the company that leads the dive, care should be taken to make sure the company will protect against the risks of diving.

The "bends", also know as "decompression sickness" is a leading cause of scuba diving injury and death. The Bends occur when a diver returns to the surface too rapidly. The air from the tank the diver is breathing causes nitrogen to dissolve in the diver's body and when the diver returns to the surface nitrogen bubbles can form in the blood stream causing a variety of serious problems. The results can be blindness, paralysis, brain injury or even death. Joint pain and skin problems are less serious consequences.

Decompression sickness usually occurs immediately after the dive while the diver is on the boat but it can occur 24 to 48 hours later if the diver goes to high altitude in the mountains or takes an airplane flight. If you dive, avoid flying or going to altitude for 48 hours after the dive.

Professional supervision is the most important aspect of a scuba tour and this is particularly true when you are diving far from home in an unfamiliar environment and with rented equipment. Tourists have a lot of things on their mind and tend to go along with whatever is presented in terms of equipment and location and details of dives.

The company should have adequate supervision so that all dangerous portions of the dive can be monitored to prevent injury. Make sure that everything is explained to your satisfaction and that the parameters of the dive are clearly explained. You don't want to be in a position where you thought the dive was going to limited to certain conditions and then they change the dive and you are put in a situation that is beyond your ability. You also want to make sure that a dive instructor is aware of and supervising all critical aspects of the dive. Talk about these things before you sign up and reconfirm the conditions and supervision before you start the dive. If anything changes while you are underwater find the instructor and do a "careful" ascent.

Most people tend to go along with the dive company supervision (or lack of supervision) and assume that everything must be okay. Usually it is all okay, but be proactive and make sure that nothing changes. The consequences are high.

Originally posted at InjuryBoard by Wayne Parsons

Drowning Hazard leads Aqua Lung America to Recall Apeks Scuba Diving Regulators

Wayne Parsons — Thu, 18 Sep 2008 17:53:49 GMT

In a voluntary recall of Aqua Lung Apek scuba diving regulators the manufacturer - Aqua Lung America – has warned consumers to stop using these devices because they pose a drowning hazard. The diaphragm cover on some regulators is missing and that can cause the diaphragm to become displaced during a dive and that allows water to enter the regulator.

This recall involves Apeks TX, ATX, and XTX second stage regulators that have never been serviced. Apeks and TX, ATX, or XTX is printed on the regulator. The devices were sold across the country from February 2007 through June 2008.

Consumers should stop using the devices and immediately take it in to an authorized Aqua Lung America APEKS dealer for inspection and repair. Aqua Lung can be contacted toll free at (877) 253-3483 or you can visit the company’s web site at www.aqualung.com

Originally posted at InjuryBoard by Wayne Parsons