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ssatl

Diving Accident

11 posts in this topic

12 minutes ago, ssatl said:

Hi

I am looking for input on a diving accident I had

 

Are you the one who posted on another site that you got drunk and dove head first off a dock into two feet of water where that area of the dock was roped off?

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Yes, I was involved in the discussion.

 

You got six pages of input there.

 

https://forum.freeadvice.com/threads/shallow-dive-accident.648453/

 

The upshot of which was:

 

1 - Chances of a successful lawsuit are slim but remotely possible.

 

2 - Consult a personal injury attorney and review your options.

 

Spending more time on the internet is useless as you'll be getting the same or similar responses.

 

 

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Ok...so...are you going to provide any relevant facts?

 

I followed the link "adjusterjack" provided and found a six-page thread.  I'm not going to read through all of that, but here are a couple of posts that probably provide all the info we need:

 

"I would like someone to speak with about a dive into shallow water (2 feet) rendered me a C3 quad.
I want to know about premises liability in my accident."

 

"We were at waterfront bar. I had been drinking. I decided one last dive of the deck. it was 2 feet deep man made bottom (cement)
the edge of the deck was roped off but that didnt stop me. any chance eI can still collect?"

 

Apparently this happened in Florida.

 

"Premises liability" is simply a sub-type of negligence law where the plaintiff seeks to hold the defendant liable because of some sort of dangerous condition on a piece of real property owned or leased by the defendant.

 

The primary issue in any negligence case is whether the plaintiff's injury resulted from an act or omission by the defendant that fell below the standard of care of a reasonable person.

 

In your case, what was the property owner/lessee's negligent act or omission?  Nothing in the two blurbs I quoted suggest the owner/lessee of the property did anything that resulted in you being injured, so that leaves open the possibility that the owner/lessee failed to do something (this is commonly the issue in premises liability cases).  You wrote that the accident resulted from you diving off a deck into two feet of water.  Why on Earth would any sane person do something like that?  You wrote at the other site that you had been drinking, and "adjusterjack" wrote above that you "got drunk," and you agreed with that characterization, so that presumably explains why you did something as foolish as diving into two feet of water.

 

I'm putting the cart before the horse here a bit.  We still need to know what the owner/lessee's negligent omission was.  Is it negligent to operate a bar near a man-made body of water that is only two feet deep?  No.  Moreover, you wrote at the other site that "the deck was roped off but that [didn't] stop me."  Presumably, the purpose of roping off the deck was to keep folks from going onto it and/or from going into the water.  However, folks who get drunk do foolish things, and sometimes nothing can be done to stop them (which also probably negates any argument that you might have that signs saying "no diving" or "water is 2-feet deep" would have prevented you from diving).

 

With all that being said, it doesn't seem to me that you would be able to prove any negligence by anyone other than yourself.  Anyone who dives into any body of water without first verifying the depth of a body of water is behaving without regard to his/her own personal well-being.  Adults are expected to take reasonable measures to protect themselves from injury, and diving into a body of water of unknown depth is pretty much like asking to be paralyzed.  However, according to "adjusterjack's" comment above, folks at the other site apparently concluded that there was some remote possibility of a successful claim/lawsuit.  Thus, I agree that the only thing for you to do is to consult with a local personal injury attorney.

 

One additional point:  Were I defending a case like this, I would be overjoyed that you posted about this on public internet forums.  Any defense attorney worth his/her salt will find your posts and use them against you.  You should let any attorney with whom you consult know that these posts exist.

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2 hours ago, pg1067 said:

However, according to "adjusterjack's" comment above, folks at the other site apparently concluded that there was some remote possibility of a successful claim/lawsuit. 

 

I felt that there might (emphasis on might) be a remote possibility under Florida's dram shop liability statute:

 

Quote

Florida Statute 768.125 - Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

 

As for the roped off area of the dock where the water was 2' deep, I don't think so.

 

 

 

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Sounds like that exception only applies if the plaintiff is a known alcoholic.

 

But...crazy things sometimes happen, and insurers sometimes pay nuisance settlements.

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My personal opinion, both here and on the other site, is that if 1 is "get out of my office, kid, you're wasting my time" and 10 is, "kid, you're going to OWN that bar!!" the poster's coming in, on the available facts, at somewhere about a 1.5. And at that, we're likely looking at nothing but go-away money.

 

 

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