Shallow dive accident

[Just Blue]

Whether they are required by regulation or not, the fact that they are necessary is what I am decrying. The older I get, the less sympathy I have for the fools who are incapable of accepting responsibility for their own actions and demand that someone else be made to pay for their own mistake.

It's a shame what happened to the OP. But he's the one who crossed the barrier and dived into water he already knew was shallow. He can complain all he wants that no one SAID there was no diving allowed - they shouldn't have had to tell him. The fact that there was a barrier should have been enough to tell him that he was not allowed back there. He seems to think that if he gets hurt badly enough, the legal liability somehow shifts and he gets a pass on his own stupidity. That's not how the law works.

Frankly even IF there HAD been a sign OP would likely have done the same thing. If a physical barrier wouldn't stop him then a sign wouldn't either. Perhaps the bar should have had Big Bubba standing guard to prevent people from crossing the rope barrier.

 

[Shadowbunny]

I also think it would help to get other/different thoughts on this from the members of the forum.
Other perspectives cannot hurt

ssatl, I've not chimed in yet, but since you asked: I can't see that the bar would be held liable for your decisions.

That said, I'm not unsympathetic to your plight. I can't begin to imagine the frustration, confusion, hurt, anger and depression you must be experiencing. When I was your age, I did some incredibly stupid things. Things that could have led to my or others' injury or death. So I get what it's like to let alcohol overrule common sense. Unfortunately for you, the consequences of your actions are severe.

It's good that you're going to talk to an attorney. I pray that one day you'll be able to turn this tragedy into something positive.

 

[ssatl]

ssatl, I've not chimed in yet, but since you asked: I can't see that the bar would be held liable for your decisions.

That said, I'm not unsympathetic to your plight. I can't begin to imagine the frustration, confusion, hurt, anger and depression you must be experiencing. When I was your age, I did some incredibly stupid things. Things that could have led to my or others' injury or death. So I get what it's like to let alcohol overrule common sense. Unfortunately for you, the consequences of your actions are severe.

It's good that you're going to talk to an attorney. I pray that one day you'll be able to turn this tragedy into something positive.

Thank you Shadowbunny

 

[adjusterjack]

I can't see that the bar would be held liable for your decisions.

Read the statute that I posted. It allows for the remote possibility that the bar might be liable.

Consulting an attorney is imperative.

OP started a thread over at Xxx and I've got the regulars over there reading this thread in the hope that that one doesn't go 7 pages.

 

[ssatl]

You find warning labels on products largely because government laws and regulations dictate these warnings. These warnings work to protect both consumers and manufacturers from product liability suits.

You are less likely to find signs posted that warn of potential hazards or dangers.

But no matter how many warnings are placed on consumer goods, or how many signs are posted to warn of potential hazards or dangers, there will never be enough warnings or signs to prevent people from doing stupid things (like eating Tide Pods or getting out of cars to take photos of bears with their cubs).

Some people will be the examples from which others will learn.[/QUOTE

So you are comparing my accident to eating a Tide Pod? Really?

 

[ssatl]

So you are comparing my accident to eating a Tide Pod? Really?

 

[justalayman]

So you are comparing my accident to eating a Tide Pod? Really?

why do you believe that would be inappropriate ?

In essence there never little difference. They would both be based on foolish actions taken by a person that ignored all reasoning and still did something dumb

 

[quincy]

No. I was addressing cbg's post and saying that warning labels (or signs) are not always effective in preventing injuries (or deaths).

You should be speaking with an attorney in your area about your injury, while there are still witnesses around who can recall the accident and before you say too much online.

There have been some promising developments in spinal cord research, by the way. I hope you are able to benefit from the advances.

Good luck.

 

[ssatl]

why do you believe that would be inappropriate ?

In essence there never little difference. They would both be based on foolish actions taken by a person that ignored all reasoning and still did something dumb

Little Difference?
Im paralyzed from the neck down. on a vent. and typing this using my teeth a mouthstick .
If it was a Tide Pod I'd had my stomach pumped in ER probably and released

 

[justalayman]

Little Difference?
Im paralyzed from the neck down. on a vent. and typing this using my teeth a mouthstick .
If it was a Tide Pod I'd had my stomach pumped in ER probably and released

The severity of the injury doesn’t change the underlying issues.

 

[quincy]

Little Difference?
Im paralyzed from the neck down. on a vent. and typing this using my teeth a mouthstick .
If it was a Tide Pod I'd had my stomach pumped in ER probably and released

Or be dead.

I sense you are no longer looking for answers about the law but looking instead for a support system. This is not the place for that (although we are not unsympathetic to your condition).

You have been given the law and our interpretations of how the law could be applied to the facts as you have presented them. It is now time for you to find a personal injury lawyer in your area who can investigate the facts more thoroughly (e.g., visit the site where the accident occurred, gather witness statements, research case law) and see if you have a legal action worth pursuing. You might - or might not.

Good luck.