Shallow dive accident

[quincy]

They said no

I agree with Zigner. You should speak only to your attorney so you don't unintentionally harm any legal action you might have.

 

[Just Blue]

I agree with Zigner. You should speak only to your attorney so you don't unintentionally harm any legal action you might have.

Could e that OP saw that info on the incident report. possibly.

 

[quincy]

That's not what it sounded like to me ... but it's a possibility.

Whether he did or not, he should refrain from speaking about his accident to the property owner now.

 

[Just Blue]

That's not what it sounded like to me ... but it's a possibility.

Whether he did or not, he should refrain from speaking about his accident to the property owner now.

Agree. I have to say that this thread makes me feel sad and angry. 23 years old and his/her life is so altered. Over drunken rash behavior.

 

[quincy]

Yup. It happens. Both of the people I know were young, too.

 

[Eekamouse]

So did the bar know you had been diving off of boats into the water all day before you decided to stupidly dive into water you knew was shallow and was roped off to stop people? How could the bar know what you'd been doing? Most of the responsibility for your injury resides with you, in my opinion.

 

[ssatl]

d

So did the bar know you had been diving off of boats into the water all day before you decided to stupidly dive into water you knew was shallow and was roped off to stop people? How could the bar know what you'd been doing? Most of the responsibility for your injury resides with you, in my opinion.

do you realize i am a complete C3 vented quad?

 

[ssatl]

and this happened on their property?

 

[Taxing Matters]

i am absolutely seeing a lawyer

That's the best thing to do. We can't see the bar and dock to see what you would have seen. We don't know all the details of what happened that lead up to the dive. You certainly have some hurdles to overcome to make a good negligence case against anyone here going from what you have said, but I cannot totally rule out that someone might have some liability. The thing is, you made the choice to dive head first into water that you knew was shallow (though not exactly how shallow), apparently didn't stop to ask anyone how deep it was or investigate how deep it was before diving, and had to go over a waist high (over 3 feet high, apparently) rope to do it. That rope probably should have signaled to you that going past that rope was not permitted/might be unsafe. That you had been drinking normally doesn't help you much, unless perhaps they served you after knowing you had become quite intoxicated. But at .10 BAC it might have been hard to see that you were very intoxicated. You need to be able to point to the negligence of someone else that, had the neligence not occurred, would have prevented the injury. That's what the lawyer you consult will be looking for.

 

[Just Blue]

d

do you realize i am a complete C3 vented quad?

We all realize that. This is a legal site and personal feelings should not play into how you are advised. Tho I am sure that I speak for all of us that we are saddened by the terrible injuries you caused to yourself.

 

[not2cleverRed]

d

do you realize i am a complete C3 vented quad?

Yes. It is very sad.

But that does not mean that the establishment is at fault.

You were drunk. You did something stupid. And your guardian angel was asleep on the job.

There may be elements of the incident not mentioned in your retelling that would color things differently. No, do not share more. Take it to a lawyer for an initial consult.

So far, it is not clear that there is any fault on the establishment's part. You went to a cordoned off area and tried diving into an area that was not intended for swimming. They were not advertising a diving contest. Had you been luckier, and were not hurt, your behavior might have been considered disruptive enough to warrant getting the bouncer to toss you out.

 

[quincy]

and this happened on their property?

The attorney you speak to will go over all of the facts.

I see two problems with a claim against the property owner with your accident. One is that you were aware the water was shallow before you dove into it and, two, the property owner had roped off the area to prevent people from entering the water from the deck.

Should there have been signs? Possibly. Lawsuits have been filed in the past against resorts over the lack of signs warning of danger. A "no diving" sign might have better ensured someone didn't skirt the rope barrier to dive.

I am not sure what your chances of a successful negligence claim are but I think, based strictly on what you have said here, the chances are slim. The attorney you speak to might see it differently.

I wish you good luck.

 

[ssatl]

My aunt and uncle knew a couple who had a son injured like me.
However it was an "Island" deck bar. They had a very nice settlement they said.
I think this works well for my favor

 

[Zigner]

My aunt and uncle knew a couple who had a son injured like me.
However it was an "Island" deck bar. They had a very nice settlement they said.
I think this works well for my favor

The result of your cousin's case has no bearing on yours. The extent of your injuries has no bearing on whether or not the bar has liability.

 

[quincy]

My aunt and uncle knew a couple who had a son injured like me.
However it was an "Island" deck bar. They had a very nice settlement they said.
I think this works well for my favor

All cases are different and will be based on the specific facts presented so it is hard to predict outcomes. As I mentioned earlier, I know of two cases with facts similar to yours where the plaintiffs were not successful.

Again, speak to an attorney in your area. You should keep public discussions of your accident limited. What you say to others can be used against you.

Good luck.