California Scuba Diving Rental Accident Lawyers
Living in California, scuba divers have access to hundreds of excellent dive sites along the coast, as well as many more in lakes and quarries. The state is a diver’s paradise, which is why it is home to tens of thousands of divers and the location of hundreds of thousands of vacationing divers each year. Each of these certified divers has undergone hours and days of classroom training, skills mastery in the water, and passes open water certification tests before they are allowed to dive in California or any other part of the world. However, all that training is only part of the equation that keeps divers safe underwater. The other critical factor is the condition of their dive gear.
Most divers are pretty focused on their gear and ask that no one else handle it when on a dive boat or shore diving. But an added level of concern and risk is involved when divers use rental gear. Even the slightest issue can be life-altering or life-threatening when you are down seventy or more feet. So divers are trained to remain calm and work carefully to solve any problem that develops with rental dive gear when they are underwater.
But sadly, even the best training cannot overcome all obstacles. So if you or a loved one suffered injuries from what you believe was rental scuba gear failure, don’t hesitate to get in touch with Kenmore Law Group today. Our staff is available 24/7 to take your call, answer any questions, and schedule a free consultation with a personal injury or wrongful death California lawyer.
$465,000
Slip & Fall
$500,000
Premises Liability
$525,000
Head Trauma
$500,000
Back Injury
$599,000
Slip And Fall Accident
$600,000
Shoulder Injury
What Can Go Wrong With Rental Dive Gear
Ask any diver, and they will tell you that it is a very safe activity compared to other sports that fall into the high-risk category. But they will also tell you that each diver is only as safe as they choose to be. Taking added precautions, checking and rechecking gear, and paying attention to signs of impending trouble are all skills that significantly decrease the potential for fatalities when scuba diving. But there are always factors outside the diver’s control, such as:
- Scuba tanks with bad air or gas mixtures, tank damage, or damaged valves
- Regulator problems that include a bad primary reg, octo reg, damaged or defective hoses, or any damaged or worn-out parts of the regs
- Damage to any of the buoyancy compensator devices, their inflation mechanisms, or defective BCD parts
- Wight belt damage that results in a failure underwater
- Mask failure or leaking
- Failure of a dive computer or significant defect
While scuba divers are trained to inspect gear throughout their dives, it can be difficult or impossible to discover some issues until the problem is very serious or life-threatening. For example, with significant gear worn behind the diver on their back, some air leaks and other problems are hard to discover until a considerable amount of air has been lost. Then it is time to abandon the dive plan and make an emergency accent to the surface. Unfortunately, while there are ways to make a safe emergency accent, sometimes, the worst happens. And you or your loved ones will want to know who is responsible for the accident. Was the rental gear to blame, or did the diver make a grave error? The team at Kenmore Law Group is here to help you answer these difficult questions and many others, cornering injuries or even a death that might have occurred due to a California scuba rental gear accident.
Who Is To Blame For A Scuba Gear Failure?
Each time a dive gets in the water, they are betting their life on the gear they use for the dive. From the accuracy of the dive computer to the quality of the gas and air inside the scuba tank, it must all be functioning perfectly. If you have been injured or lost a loved one by what you expect is a rental scuba gear failure, the experts at Kenmore Law Group are here to assist you in getting to the truth. In addition, we will guide you in determining who is responsible for the gear failure and who should be held financially accountable for your losses. There could be more parties to consider than you might have first imagined, including:
- The manufacturer of any dive gear that is found to be defective
- The rental dive shop if the gear was not adequately maintained or prepped for the dive, for example, the tanks were not certified and cleaned according to the regulations or the regs were not serviced and rebuilt according to the manufacturer’s specifications
- The dive boat company if they were renting gear that was not properly maintained or if they were filling the tanks onboard with a contaminated or faulty compressor
- Any local business that was filling dive cylinders for the dive gear rental company or dive operation that provided your tanks
These are some possibilities to consider when evaluating responsibility for any dive accident injury to wrongful death. Other contributing factors can include other divers in the area, other dive operations, or even other boaters in the area. The staff at Kenmore Law Group is here to help you sort through the details of your dive accident and determine who was at fault and should be financially responsible for any injuries or losses you suffered.
What If I Signed A Waiver?
When you sign a waiver to rent dive gear, it is typically a statement that you are certified to dive and are assuming responsibility for your actions. As a trained diver, you will use the equipment properly. The dive operation or rental company is also believed to provide you with properly serviced and maintained dive gear. So even if you signed a waiver, there could be an opportunity to seek compensation if the dive op or gear rental company was negligent in their duty or knowingly provided you with defective gear.
What Is A Reasonable Amount For A Rental Scuba Diving Gear Accident?
Lawsuits never have a predetermined dollar amount. Instead, each case is evaluated, and a value is set based on the actual expenses and losses incurred due to the accident. In the case of a scuba diving injury accident or wrongful death, the costs can be high due to the location of the accident and travel expenses, in addition to extensive medical care. In general, you can evaluate the following items to estimate the value of a specific dive gear failure accident:
- All medical care for the injured diver
- Evacuation from the dive site or transportation to the nearest qualifying medical facility or decompression chamber
- Lost wages while you recover from the injuries
- Legal fees for the lawsuit
- A dollar amount for pain and suffering
- A possible amount for punitive damages based on the liability and knowledge of the responsible party
In the case of a fatality, the diver’s immediate family can also seek compensation for funeral expenses, loss of future income, and other amounts associated with losing a spouse and parent. The expert California scuba diving rental accident lawyers at Kenmore Law Group will explain these amounts in more detail during your free consultation.
How Long Does A Scuba Diving Rental Gear Accident Lawsuit Take?
There is no precise time frame for the completion of any lawsuit or legal matter. However, there are limits as to how long you have to file a claim for a personal injury or wrongful death in California due to faulty dive gear. The Statute of Limitations of the personal injury case is two years from the date of the injury. In a wrongful death lawsuit, you have two years from the date of your loved ones passing to file the claim with the court system. However, it is essential to understand that the location of the incident can impact any time limit. For example, if the accident or death occurred in international waters, Maritime Law would supersede California Law. The team at Kenmore Law Group will explain how this might impact your case if the event was outside the coastal waters of California and its legal jurisdiction.
No Fee Guarantee
When you work with Kenmore Law Group, we pledge always to put the needs of our clients first, and that includes our payment structure. We never ask for upfront fees to take your case. Instead, we focus on getting you the total and fair compensation you deserve for your injuries and losses or the loss of your loved one in a scuba diving gear failure accident.
We work diligently to ensure that the process moves as quickly as possible to secure you the money you deserve and need to pay bills and other expenses related to the scuba diving accident and injuries or the loss of your loved one. Only after you have your settlement or verdict do we request payment. So please contact the expert personal injury and wrongful death lawyers at Kenmore Law Group for a free consultation to discuss your scuba diving gear accident and how we can help you get the compensation owed to you and your loved ones.