Scuba diving accidents can result in serious injuries, ranging from decompression sickness to equipment-related incidents. Florida’s beautiful waters attract thousands of divers each year, but with this popularity comes the risk of accidents. In this blog, our skilled Florida personal injury lawyers advise you on the steps to take after a scuba incident to help protect your health and right to compensation.
Steps to take after a scuba diving accident
If you’re injured in a scuba diving accident, act quickly to ensure your safety and protect your rights:
- Seek immediate medical attention: Dive injuries like decompression sickness require urgent care, often in a hyperbaric chamber.
- Document the incident: Take photos of your injuries, the equipment used, and the dive location. If possible, collect witness statements.
- Preserve evidence: Retain the scuba equipment involved in the accident for inspection.
- Report the accident: Notify the dive operator and file a report with local authorities or the U.S. Coast Guard, as required by Florida Statutes § 327.30.
- Consult an attorney: A legal professional can help determine liability and guide you through the claims process.
Common causes of scuba diving accidents
Understanding the causes of scuba diving accidents can help identify potential liability. Common causes include:
- Equipment failure: Malfunctioning regulators, tanks, or buoyancy control devices can lead to dangerous situations underwater.
- Improper training: Dive operators and instructors have a responsibility to provide proper training and certifications.
- Negligent supervision: Inadequate oversight by dive guides or operators can result in accidents.
- Environmental hazards: Strong currents, marine life, or poor visibility can contribute to injuries.
- Decompression sickness: Also known as “the bends,” this occurs when a diver surfaces too quickly, leading to nitrogen bubbles forming in the bloodstream.
Who’s liable for scuba diving accidents?
Liability for scuba diving accidents depends on the circumstances of the incident. Potentially responsible parties include:
- Dive operators: If the operator failed to provide proper training, equipment, or supervision, they might be held accountable.
- Equipment manufacturers: If faulty scuba gear caused the accident, the manufacturer could be liable under product liability laws.
- Instructors or guides: Negligence during training or leading a dive could place responsibility on the instructor.
- Boat operators: If a dive boat captain failed to follow safety protocols, they might share liability.
Compensation for scuba diving accidents
Victims of scuba diving accidents may be entitled to compensation for:
- Medical expenses: Including emergency care, hyperbaric treatments, and rehabilitation.
- Lost wages: Reimbursement for time off work due to the injury.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Wrongful death: In cases of fatal accidents, surviving family members can seek damages.
Florida laws governing scuba diving safety
Florida law requires dive operators and boaters to adhere to strict safety standards, such as displaying dive flags to signal underwater activity under Florida Statutes § 327.331. Failure to follow these regulations can result in liability for accidents.
How Lytal, Reiter, Smith, Ivey & Fronrath can help
At Lytal, Reiter, Smith, Ivey & Fronrath, we understand the complexities of scuba diving accident cases. Our experienced attorneys will investigate the incident, determine liability, and pursue the compensation you deserve. Whether your accident resulted from equipment failure, negligence, or inadequate training, we’re here to help.
Contact us for a free consultation
If you’ve been injured in a scuba diving accident, contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990. Let us provide the guidance and support you need to secure justice and fair compensation for your injuries.