Recreational Diving Accidents - MaritimeLegalHelp.com

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Recreational Diving Accidents

Diving is a popular pastime for many people as they discover treasures under the sea. While this activity carries a certain level of risk, most dives that are executed properly are considered to be safe. However, diving accidents do happen every year, and many of them result in death.

Some of the most common causes of serious injury in recreational diving accidents include the following:

  • Inadequate training
  • Rapid ascent
  • Improper decompression
  • Diver fatigue
  • Alcohol/drug usage
  • Equipment problems
  • Diving and smoking

People with certain health conditions are at a greater risk of injury. Health conditions which limit a person’s ability to dive include:

  • Lung disorders
  • Heart issues
  • Seizure disorders
  • Nervous system disorders
  • Pulmonary issues
  • Obesity

Problems with the equipment can lead to malfunctions while the person is underwater. This includes tanks, tubing, and rebreathers, which can lead to what is known as decompression sickness if not discovered until the equipment is in use.

Situations involving recreational diving vary from divers who also own the boat to those who charter a boat or dive off a commercial boat that provides recreational services. Many professional companies require divers to sign a waiver releasing them from all responsibility if an accident should occur. However, this waiver doesn’t remove their responsibility if they were negligent in any aspect of the service they provided.

Not only is it essential that the proper equipment is used in a dive, but the diver must be trained adequately for the type and location of the dive. It is the responsibility of the individual and the business to ensure the person meets those requirements. While the individual must be honest in their application, the dive instructor or boat operator must ensure the person is capable of the dive. Included in this determination are the level of the tides, depth to the bottom, visibility under water and other conditions of the sea. Each diver should receive all of the necessary equipment in proper condition, which includes:

  • Regular scuba gear
  • Alternate air source
  • Buoyancy compensating device
  • Submersible pressure gauge
  • Timing device to calculate allowable time on the bottom

Specialty dives often require special equipment.

If you or a loved one has been injured due to a diving accident, you may be eligible for compensation if the injury was the result of negligence. Proving negligence often requires a dedicated approach by an experienced attorney who understands the law in regards to responsibility for the dive. Fill out the form to find out how we can help you with your case.

Recreational Diving Accidents
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