When vacationing in the State of Florida, many tourists get drawn into the allure of going scuba diving in the ocean. While scuba diving is a family-friendly activity that you will undoubtedly remember for the rest of your life, there are many risks associated with scuba diving. If you or a family member was in a diving accident due to the negligence of a diving company, you should contact an experienced Florida dive boat injury and scuba drowning attorney as soon as possible.
At Rivkind Margulies & Rivkind, P.A., we are prepared to provide our clients with diligent legal representation in order to seek damages after a serious scuba accident. Not only is scuba diving an activity that could lead to a serious accident, the life of a loved one could be lost if a diving company acts negligently. To schedule a free legal consultation to discuss your scuba diving case, contact Rivkind Margulies & Rivkind, P.A., at (866) 386-1762. You may also contact the firm online to schedule your consultation.
Common Causes of Dive Boat + Scuba Drowning Accidents in Florida
Scuba diving is a popular attraction for visitors of Florida. However, many tourists may misplace their trust in a diving company that is not heavily experienced in providing scuba diving tours. As a result, a victim could be severely injured or killed because a diving company was not equipped to handle an emergency that occurred at sea.
Our firm understands the trauma of being seriously injured or watching a loved one die on a scuba diving tour, and we can help you seek the compensation you deserve. The following is a list of common causes of dive boat and scuba drowning accidents that could lead to a personal injury or wrongful death lawsuit.
Defective Diving Equipment
When signing up for a scuba diving tour, many tourists will have to use diving gear that is rented to them by the company operating the tour. In many cases, this equipment was used several times before by many other customers. That is why it is important for a diving company to ensure that diving equipment is frequently tested or replaced once it has been overused.
Unfortunately, some diving companies may provide a customer with defective equipment, which can be extremely dangerous when used for scuba diving. For example, if a diver is provided with faulty equipment, they could be deprived of oxygen once they begin diving, which could lead to a serious injury like brain damage. In some cases, defective diving equipment could even lead to the drowning death of a victim
Before a person is permitted to scuba dive, a diving instructor should provide them thorough instructions on how to operate equipment and other requirements for diving. Unfortunately, some diving instructors may fail to adequately prepare a customer for a diving tour, which could lead to a number of accidents:
- Head injuries from being struck by the dive boat
- Getting swept up in a strong current
- Suffering an injury due to rocks or marine life in the diving spot
Dive Boat Accidents
The operator of a dive boat must consider a number of circumstances before accepting customers for a scuba diving tour. For example, if there will be poor weather present during a scheduled tour, it should be rescheduled as the risk of a serious accident will be increased. There are other circumstances that could make a dive boat captain liable for an injury to a customer:
- Conducting a scuba diving tour in a high traffic area
- Operating a dive boat while under the influence of drugs or alcohol
- Malfunction of a dive boat due to poor maintenance
To learn more about filing a personal injury lawsuit or a wrongful death lawsuit in Florida, you should continue reading and work with an experienced Florida boat accident lawyer.
Proving Negligence in a Scuba Drowning Accident Lawsuit in Florida
If you were injured in a scuba drowning accident in Florida, you could file a lawsuit against the diving company and any other parties that are responsible for your injuries or the injuries of a family member. To prevail in a personal injury case, you will have to show how the diving company or an employee of the company behaved negligently. For example, if a diving company took you to a high-traffic area and you were struck by a boat while diving, they could be liable for your injuries.
To prove negligence in a personal injury lawsuit, a plaintiff will have to show the following four elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care (e.g., operated the boat while drunk)
- The plaintiff suffered an injury due to the defendant’s actions
- The plaintiff can be awarded damages for injuries and other losses in a court of law
If your loved one was killed in a scuba accident, our firm could also help you file a wrongful death lawsuit.
Work with Our Dedicated Florida Dive Boat and Scuba Accident Injury Lawyers
If you or a family member was injured in a scuba diving accident, you should work with an experienced Miami maritime injury lawyer to discuss your legal options. The skilled legal team at Rivkind Margulies & Rivkind, P.A., has extensive experience handling many types of dive boat accident lawsuits, and we would be pleased to work with you. To schedule a free legal consultation to discuss your potential case, contact Rivkind Margulies & Rivkind, P.A., at (866) 386-1762. You may also contact the firm online.