Shallow dive accident

[ssatl]

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.

 

[Just Blue]

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

What state did this accident happen in?

 

[Zigner]

Sorry, this forum is for US law matters only. Furthermore, this is not a forum for referrals. You may wish to explore www.attorneypages.com, or your state's BAR site. Good luck.

 

[ssatl]

FL

 

[Just Blue]

FL

Why don't you explain how the accident happened. Thanks...

 

[ssatl]

Its a little lengthy
is there a number I could call?

 

[PayrollHRGuy]

If you want advice on your issue from this forum you are going to have to write them here.

If you want to find a lawyer I suggest you follow the link Zigner posted in post #3 above.

 

[Just Blue]

Its a little lengthy
is there a number I could call?

No. If you don't want to post it here we can't advise.

 

[ssatl]

ok
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?

 

[ssatl]

paralyzed neck down

 

[adjusterjack]

ok
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?

Maybe.

Are you habitually addicted to the use of any or all alcoholic beverages?
Did the person serving you know that you were habitually addicted to the use of any or all alcoholic beverages?

Those are the two elements that have to be met for a successful claim against the bar owner

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.

Consult a personal injury attorney.

I'm surprised you haven't done that already.

 

[ssatl]

ok thanks for your help

 

[justalayman]

Florida statute 768.81

2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.

A premises does not have to make the area 100% foolproof. That is pretty much impossible. To win any negligence suit you will first have to prove the establishment was negligent in their actions. That would start with serving you. In itself does not cause the bar to incur culpability. You will have to prove they were negligent in serving you. Generally culpability won’t attach until you are served to cause you to become, for lack of a better term; stupid drunk. adjusterjack has posted statutes the state’s for most issues, a bar is not liable for serving you. That is likely to remove serving you from being used to cause liability.

Then, if you are successful there you will have to prove they created or allowed a dangerous condition to exist. In itself making a shallow pool is not negligent. It would require something greater such as creating a shallow pool and not acting to warn or sometimes actually prevent a person from diving into that pool. Signage is one means to avert culpability but often not enough. Fencing or other types of guarding, such as a rope, to indicate they do not allow passage beyond that point and especially if there is signage used in conjunction is often adequate to remove culpability for injuries caused due to some condition that would otherwise be negligent.


While one should never say never, it would appear based on the minimal fact set presented, successfully suing anybody and not having your negligence reducing the amount greatly is going to be a tough journey.

Best of luck but sometimes people really do have to accept responsibility for their own stupid decisions. You may be in that situation yourself.

 

[PayrollHRGuy]

ok
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?

That wasn't so hard now was it?

You wrote, " I decided one last dive of the deck." So you had made the dive previously and logically should have known it was 2 feet deep.

 

[ssatl]

this was last dive of the day...only attempted 1 at the bar
I dove earlier but it was off a boat earlier that day.