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Isnt it postings like these that just makes you realise how lucky you are to no live and operate in the US :-) Esse - Scandinavian. ----- Original Message ----- From: "Tom Rose" <TROSE@nc*.rr*.co*> To: <techdiver@aquanaut.com> Sent: den 21 december 2001 15:03 Subject: Re: Bondage wings inflation > Capt JT..... > > I understand your concern.... > > In the late 70's I was an expert witness in a wrongful death suit in a cave > death...My expertise was and is in air measurement. When I did that case, I worked > for EPA. In the years since that, I have been an expert witness over 60 times in > air pollution cases, acting for both plaintif and defendant in civil and criminal > cases including two wrongful death cases. > > From my limited experience, it is several groups causing > most of the suits. > > 1. Survivors wanting to blame someone to get closure. > 2. Lawyers wanting the cash......they go after anyone with deep pockets. > 3. Parties involved in the death who want to blame someone > else because of real guilt or because they feel guilt for not > being able to help enough. > 4. Persons who just want to exploit the situation. > > 5. Persons who want to punish those who were really guilty. > For example, the dive boat that left two divers on the > Barrier Reef. Usually the diver lost is the husband, father, > and bread winner of the family. That is a major loss. > > > > Lawyers work by a code of ethics that most of us do not > understand. While they may not agree or even like their client, > they are the clients advocate. They often find themselves > advocating positions that they do not agree with. Like it or not > it is the obligation of the opposing attorney to make sure that > it doesn't work. If both lawyers are good, the truth will come > out. > > We are not going to change that. > > It does impact us as divers, particularly when we travel and > get assigned a "buddy" on their first open water experience after > training. It is not their fault that it is their first dive, I had a first > dive too. Bet most of us did not skip to the 200th dive. > > It has driven me to mostly solo diving or diving with really good > divers. > > It impacts all businesses and homeowners. You have to have lots > of insurance. While the insurance companies "complain" about > big settlements, they are croc tears. Those settlements make > people and companies buy bigger policies driving up profits. > > We ain't a gonna change that either. > > We ain't a gonna change human greed. > > Sorry for the bad news Capt JT, most of us are frustrated by > the process too. > > Sorry for getting on the soapbox folks. The process hits my > nerves even if I am involved. > > Putting on my nomex drawers getting ready for the > flames from the groups listed in items 1,2,3,& 4. > > For the persons in item 5, I feel their pain. If we take > responsibility, we take responsibility. > > Getting down from the soapbox and suiting up..... > > Over 8,000 lifetime super stroke dives since 1951 > and still counting and three bad dives. > > Tom > > Capt JT wrote: > > > Doug > > Thanks for your answers, I just keep finding it very disturbing that these > > lawsuits keep coming up against the buddy of the deceased diver. > > > > Maybe the lawyers that lurk on these list that look for accidents should > > ask themselves "How many divers have I or will I kill by forcing them to > > dive solo for fear of being sued". > > > > -- > Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. > Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'. > -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
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