Legal Advice on Accident Database

schford

Dear all,

Have we any US lawyer's on the board that can help steer us to making sure that the information we store and the way we collect data for the new accident database is airtight.

I am keen to ensure that we avoid any opportunity to be sued for slander or deformation or lost sales or ... etc etc

I figure that although we can record the facts and we should be clear on that, it is the other information around the accident that might be suspect eg Witness to the dive knows that person X did not change scrubber but does not want to publicly say it but it willing to inform us..

Also I would like some advice on any potential liabilities when conclusions are drawn.

Thanks

Stuart

__________________
Bailout and Kit Management account for Murphy's Law

The only bad question is one you did not ask and later wish you had.

Use of Rebreather World is subject to the Rebreather World Terms & Conditions of Use

ScubaDadMiami

So long as names are not mentioned nor enough information to identify those involved (including specific locations), you should be okay. Use a description style similar to what DAN does as a starting point.

__________________
Howard Packer
IANTD CCR Instructor
Miami Beach, Florida
CCRDiveTraining.com

Ant Slegg

You might try something along the BS-ACs lines:
http://www.bsac.org/techserv/increp05/intro.htm
although the US lawyers might be able to sue anyway!
You could always contact Brian Cumming at the BS-AC to see what advice they took. He always seems ready to answer questions.

As an example this manages to describe the incident but provide no details on when/who/where.

April 2005 05/075
A diver became inverted at a depth of 6m and ascended feet first. He spat out his regulator. His buddy tried to replace it and to turn him the right way up. The buddy was pushed away. Another member of the group succeeded in righting the diver and he inflated his BCD. He was towed to the shore and given AV on the way. He was recovered from the water, the emergency services were called and resuscitation techniques were applied using oxygen and an automatic defibrillator. The casualty failed to recover. The cause of death was found to have been through drowning.

__________________
Ant' S
Learning to dive since 1990...

RebreatherDave

Incorporate as an offshore corp, keep the veil curtain solid, then the first time a bloodsucking, bottom sludge eating applicants trial lawyers sues, display your singular digital disdain.

decoweenie

A hypothetical question...

IF the analysis happens to narrow the problem down on a specific brand/type of equipment used, then how would that be useful since there is no specific detail ?

dive2dive2000

Stuart,

This is a fourm, a hosting for Blogs, peoples opinions. Make up a small disclaimer stating that and you will be fine.

Martin

__________________
Safe Diving,
Martin

"but what's the fun of getting what you need, instead of what you want?"

Mdemon

Worth talking to some of the American forums to see what they do?

Or actually calling a US Sludge-Eater and paying for an opinion? You can then sue said Sludge-Eater if he's got it wrong...

__________________
www.southwestmafia.com

It's as easy as abc;

a) "Carry adequate bailout"

b) "If in doubt, bail out"

c) "Always know your PO2"

If you find that hard, stick to crochet.

"Once the agenda-monkeys and perfect-worlders have moved on, perhaps we can do some diving?"

Ant Slegg

Fair point - the example was from a database that deals mainly (although not exclusively) with OC incidents (www.bsac.org for more info). As everyone is aware no-one ever seems to describe an OC incident in terms of the brand of regulator or BC used so the "hypothetical" question is less of an issue.

I feel sure it would be possible to introduce sufficient information on the equipment without allowing the diver identity to be deduced. The example is pretty informative but having submitted a report myself (on behalf of another diver I hasten to add) I still found it difficult to identify the incident in the annual report.

Ultimately I was offering an example of a group that has been collecting and publishing incident reports annually for a lot of years in the hope that it might be of use.

Ant S

__________________
Ant' S
Learning to dive since 1990...

Genesis

As soon as you reserve the right to censor, you are held accountable for what you censor (or don't.)

If you operate as a free-speech zone, you have more protection.

In the end however anyone can be sued - for the color of their hair. So you have to figure out what sort of policy and posture you wish to adopt, and then do so consistently.

IMHO, as a non-lawyer who has paid lots of landsharks for advice over the years while running a business.

__________________
"A venturesome minority will always be eager to get off on their own, and no obstacles should be placed in their path; let them take risks for Godsake, let them get lost, sunburnt, stranded, drowned, eaten by bears, buried alive under avalanches - that is the right and privilege of any free American."
http://www.denninger.net
http://www.diversunion.org/liability.htm - Fix the Diving Cert racket

nigelh

This is always the worry in a small business. Even if I know I'm right can I afford the legal expenses involved in proving it?

At least our business only involves guns and things. Insurers know about that sort of liability. Say "Internet" to them and they start to worry. Worry means big premiums and big premiums really mean "go away and insure with somebody else".

__________________
nigelh