https://www.tdisdi.com/wp-content/uploads/2015/07/logo2.png 0 0 jamescouncill https://www.tdisdi.com/wp-content/uploads/2015/07/logo2.png jamescouncill2015-05-06 14:25:462015-07-23 17:24:19Example Cases Why Higher Limits of Coverage is Needed
Recent dive litigation has clearly shown that the standard $1 million limit of protection in most policies is simply not enough to protect individual Dive Leaders, Retailers or Vessel operators.
- Tuvell v. PADI The Boy Scouts and Blue Water Scuba, Lowell Huber and Corbett Douglas – Close to $1 million in defence so far, PADI settled for $800,000 and the case is still in litigation
- Terri Skiles v. Dive Rite Jurgenson Marine and Analytical Industries – close to $1 million in defence costs already and more to come.
- DeWolf v. Kohler – close to $1 million in defence costs to get a defence verdict, only to have plaintiff’s file an appeal.
- Estate of McCasland, et al. v. Trelleborg, et al – A products liability/wrongful death matter, wherein a defective dry suit inlet valve resulted in uncontrolled assent of a scuba diver and emboli in the heart and brain, and ensuing death (the case involved numerous foreign defendants, including Trelleborg and subsidiaries, Viking Stavanger, S.I. Tech, etc., and litigation under the Hague Convention, with discovery in Sweden, and was tried to jury verdict in Alaska Superior Court with a multi-million dollar verdict; complex issues involving admiralty law and questions of corporate identity and piercing the corporate veil were likewise litigated). After such multi million dollar verdict, the defendants waived appeal and paid the amounts due.
- Delise & Hall case – over $1 million settlement plus defense costs. http://www.divelawyer.com/about-us/case-summaries/diver-wins-air-system-fails/ Interestingly, Delise & Hall now have a Diving Law app for iPhone and Android so you can contact them immediately after an accident. See the http://www.divelawyer.com/about-us/case-summaries/
- Dries v. Alaska Mining & Diving, Inc. 3AN-92-3901 Civil. Co-counsel for a young woman who suffered near drowning due to overweighting and inadequate supervision while participating in a scuba training course with a dry suit. Injuries included traumatic brain injury and paralysis. Confidential multi-million dollar settlement.
- “Drifting” Dan Carlock wins $1.68 million – www.undercurrent.org/UCnow/dive_magazine/2010/OpenWateCase201011.html
- Steadman v Minke http://www.searcylaw.com/wp-content/themes/paperstreet/files/Stedman%20vs.%20Menke.33b43b4f-ba9c-46a6-a4f4-f4d3d4afbcac.pdf