Filing a Lawsuit for a Death During a Scuba Dive
Scuba diving is inherently dangerous, and nearly any emergency could turn fatal in the water. You may be able to file a lawsuit if your loved one recently died while scuba diving. To determine if that’s true, let us review the incident, preserve evidence, and learn more about the cause of death.
Liable parties for scuba diving deaths include safety equipment manufacturers, scuba dive operators and instructors, and other boat operators in the water. Scuba dive operators generally require participants to sign liability waivers, but these do not always hold up in court. The statute of limitations only lets you file a wrongful death case for so long, so don’t wait to contact us.
Get a free and confidential case evaluation from Rivkind Margulies & Rivkind’s lawyers for injuries on snorkel and scuba dives when you call (305) 204-5369 today.
Who is Liable When You File a Lawsuit for a Death During a Scuba Dive?
Different parties may be liable for scuba diving fatalities. Contact us right after a fatal accident, and our lawyers for injuries on snorkel and scuba dives can confirm who to hold accountable in a lawsuit.
Equipment Manufacturers
Scuba divers rely on a variety of equipment to ensure a smooth dive. If masks, tanks, or other equipment are poorly designed or manufactured, defects might cause fatal scuba diving accidents.
Equipment manufacturers may be liable in these scenarios, and our lawyers can help grieving families pursue claims against such defendants.
Dive Operators and Instructors
Dive operators owe divers a duty of care, which includes giving them the proper instruction based on their experience. Dive operators should only give divers working equipment, as defective gear increases the risk of injury and death.
Dive operators should not take divers out in bad weather and should end dives prematurely if conditions worsen. Operators may be liable for fatal accidents if they take divers out in hazardous conditions, which increases the risk of drowning due to strong currents.
Other Boaters
Boaters who fail to keep a proper lookout might not see scuba divers and others in the water. Boat collisions with divers and swimmers are serious and sometimes fatal, especially when victims suffer head injuries.
Do Liability Waivers Prevent Lawsuits for Scuba Diving Deaths?
When you go scuba diving, you are typically prompted to sign a liability waiver. If a victim dies while scuba diving, their having signed a liability waiver does not necessarily prevent their survivors from getting damages via a wrongful death lawsuit.
Do not assume you can’t sue, and have our attorneys ready the waiver. We will also investigate the victim’s death further. Liability waivers do not protect against gross negligence. Gross negligence in scuba diving deaths may appear as operators blatantly ignoring inclement weather or continuing to use worn-out gear that poses serious safety hazards.
Liability waivers are not enforceable for additional reasons, such as if they violate public policy or are ambiguous as to which rights the participant is waiving. If a victim did not sign the waiver themselves, it would also be unenforceable, allowing their survivors to sue for damages.
How Long Do You Have to File a Lawsuit After a Fatal Scuba Dive?
The statute of limitations for wrongful death lawsuits varies from state to state. In Florida, where scuba diving is very common, the statute of limitations is two years, according to Fla. Stat. § 95.11(5)(e).
The two-year countdown begins on the date of death. Not all scuba diving injuries are immediately fatal. Some victims die from injuries days or even weeks later, and this pushes back the filing deadline.
Missing the statute of limitations blocks you from holding anyone accountable for a fatal scuba diving accident, so do not wait to contact our attorneys about your case.
Who Gets to File a Lawsuit for a Death During a Scuba Dive?
The victim’s representative is the one who filed a wrongful death lawsuit in Florida and many other states. The personal representative only recovers damages if they are a qualified beneficiary.
While the personal representative files the case, the victim’s spouse, children, and parents are the first to recover any damages awarded. We can include all potential beneficiaries in the complaint and explain how compensation is divided among them.
What Evidence Do You Need to File a Lawsuit for a Fatal Scuba Dive?
We help victims’ survivors get the evidence they need to file lawsuits for fatal scuba dives. This includes the victim’s medical records, witness statements, proof of damages, and more.
Medical Evidence
The victim’s medical records are necessary evidence. These records may include the cause of death, emergency medical treatment, and other pertinent details. We help grieving families request and organize these medical records that prove how and why the victim died.
Witness Statements
If other divers were present during the victim’s fatal scuba dive, we will interview them. They can describe the safety instructions given on the day, the weather and water conditions, and even the fatal accident itself.
Proof of Damages
Survivors may recover economic damages from wrongful death lawsuits. We can collect proof of medical and funeral expenses resulting from the injury and death, estimate the loss of probable net income, and help document non-economic damages, which may be the most substantial for survivors.
Proof of the Dive
We also need proof of the dive itself. Any incident reports associated with the dive, the victim’s booking information for the excursion, and records from the scuba dive operator are all good evidence. Dive computers that monitor depth, time, and other important dive details may also yield strong evidence, and we can use a wrongful death lawsuit to preserve it.
To Discuss Your Case for Free, Call Our Attorneys Today
Call (305) 204-5369 for help with your case from Rivkind Margulies & Rivkind’s lawyers for injuries on snorkel and scuba dives.
