After A Recreational Dive Accident: Legal Factors To Consider

Scuba diving is all about fun and relaxation, adventure, and getting closer to the natural world, isn’t it? So why worry about your legal rights? Unfortunately, many divers are injured in scuba-related accidents each year. Knowing your legal rights – preferably before an accident happens – can help to save you worry, stress, and financial hardship in the long run. 

Breaking a Waiver

Often, divers are asked to sign liability releases or other waivers before setting out on an adventure. We typically sign these thinking that nothing will happen, and in most cases, we simply enjoy a day out diving. What happens if you’re injured though? Is it ever possible to break one of these waivers? 

The answer to this question depends mostly upon where you are diving. In some places, release agreements are strictly enforced. In other places, they are considered to be legally void and are not enforceable. And finally, in many places, there are exceptions to enforcement of waivers. These exceptions allow an injured party or his or her surviving family members to file personal injury or wrongful death lawsuits. 

Last, but not least, it is usually possible to break a waiver when gross negligence is involved, or when the negligent party has acted in either a wanton or willful manner which ultimately led to injury or death. There are many cases in which divers have signed waivers, but have gone on to successfully pursue a legal claim – typically with the help of a seasoned maritime lawyer who has experience in dealing with scuba diving cases. 

Statute of Limitations

In the United States, most maritime legal actions including cases involving injury or death have a three year statute of limitations. This means that claimants have three years from the date of the incident to file a case in court. Even so, there are several reasons it is best to obtain legal representation and file a case as soon after the incident as possible. 

First, finding all the proper parties is usually very easy right after an accident happens. Finding all parties involved even a few short years later can prove to be much more difficult.

Second, witnesses tend to lose their memories about what happened as time passes; this is just something that happens naturally. Some witnesses might be difficult to find later, and some may even pass away before you make the decision to file suit. Getting good witness information and keeping witnesses on board with your case is much easier in the short term than it is in the long term. 

Third, in cases involving diver death, it’s vital that a proficient medical examiner with knowledge of barotrauma be involved, from the point of autopsy to the time the case is heard by a judge. If there is no investigation, the death could be ruled as a drowning or heart attack when in fact it may have been caused by contaminated air, faulty breathing mixture, decompression sickness, an embolism, or other factors. 

No one likes to think about accidental injury or death, particularly since diving is a sport we enjoy so much. But just like knowing how your auto insurance policy works provides you with peace of mind when you’re driving, knowing how different things could affect you or your loved ones after a dive accident will do the same. So stay safe, but educate yourself!