Sample Case 2

Diving accident results in $1 million settlement after diver’s air system fails

Summary:
During a routine dive, a 39-year-old diver with nearly twenty years of diving experience came very close to dying after the air system failed to function properly. A lawsuit was filed on the diver’s behalf under the Jones Act for negligence on the part of the diver’s employer. The lawsuit was settled in the defendant’s favor for just over one million dollars.

Case Details:
During a routine dive, a 39-year-old diver with nearly twenty years of diving experience came very close to dying after the air system failed to function properly. The experienced diver suffered physical injuries as well as emotional stress due to an equipment malfunction. South of Chauvin, Louisiana, the 39-year-old diver was approximately fifteen feet under water when the air supply system on the surface of the water malfunctioned.

The diver came very close to drowning as a result but was revived using CPR and rushed to a hospital in the New Orleans vicinity. Although he has largely recovered, lingering neurological problems and post traumatic stress disorder will keep him from returning to his work as a commercial diver.

The diver filed a lawsuit against the ship’s owner, claiming that the owner’s negligence in maintaining the air supply system renders the boat unseaworthy. General maritime law in the United States holds employers and ship owners responsible for maintaining a seaworthy vessel. Additionally, he filed a lawsuit against his employer under the ones Act for improperly maintaining the air system.

The employer and the boat’s owner refuted the suit, saying that the experienced diver should have been prepared with his back up air supply, referred to as a “bail-out-bottle” by diving aficionados. However, the suit was settled in the favor of the diver for $1.05 million dollars.