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Thread: Wes Skiles wrongful death suit

  1. #11
    RBW Member udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn is just really nice udtabn's Avatar
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by TopLeft  View Original Post
    Agreed!
    its coming dont kid yourself

  2. #12
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by udtabn  View Original Post
    its coming dont kid yourself
    Lawyers who bring and lose lawsuits without merit should have 2 limbs amputated as punishment. That way there would be a lot less ambulance chasers willing to do it a second time

    Michael

  3. #13
    RBW Member tkfx2000 is an unknown quantity at this point tkfx2000's Avatar
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by michael-fisch  View Original Post
    Lawyers who bring and lose lawsuits without merit should have 2 limbs amputated as punishment. That way there would be a lot less ambulance chasers willing to do it a second time

    Michael
    Lawyers don't bring lawsuits, any more than doctors bring disease.
    The Skyles family brought the lawsuit.

    Other than the legal system, what is your recommendation for getting to the truth?

  4. #14
    RBW Member whynot? will become famous soon enough whynot? will become famous soon enough whynot? will become famous soon enough whynot? will become famous soon enough whynot?'s Avatar
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by tkfx2000  View Original Post
    Lawyers don't bring lawsuits, any more than doctors bring disease.
    The Skyles family brought the lawsuit.

    Other than the legal system, what is your recommendation for getting to the truth?

    True; unless you count all the class-action suits being advertised on TV by law firms wanting more "bodies" in on their cases (means more $$$ for the firm don'tca know)

    Just sayin'

  5. #15
    New Member Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell has a reputation beyond repute Simon Mitchell's Avatar
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by tkfx2000  View Original Post
    Other than the legal system, what is your recommendation for getting to the truth?

    Given the capricious nature of the legal system, it is by no means certain that the "truth" wins out in all cases; particularly those in which the weight of jury sympathy is likely to lie with a family who has lost a loved one as opposed to the side which represents a for-profit corporation.


    In this particular case, once the facts are all out in the open and can be discussed freely, I am certain you will agree that the truth is already clear, at least to those with insight into the world of rebreather diving. The danger is that a finding in favour of the family in this case will set a very dangerous precedent for rebreather manufacturers; that being that no matter what the circumstances of the accident, if a diver dies the rebreather is always to blame. Clearly that is an untenable situation and it may not be an exaggeration to claim that the future of the industry is under threat.


    Simon M

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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by Simon Mitchell  View Original Post
    Given the capricious nature of the legal system, it is by no means certain that the "truth" wins out in all cases; particularly those in which the weight of jury sympathy is likely to lie with a family who has lost a loved one as opposed to the side which represents a for-profit corporation.


    In this particular case, once the facts are all out in the open and can be discussed freely, I am certain you will agree that the truth is already clear, at least to those with insight into the world of rebreather diving. The danger is that a finding in favour of the family in this case will set a very dangerous precedent for rebreather manufacturers; that being that no matter what the circumstances of the accident, if a diver dies the rebreather is always to blame. Clearly that is an untenable situation and it may not be an exaggeration to claim that the future of the industry is under threat.


    Simon M
    Simon makes a good point. We all probably know at least one manufacturer that has closed up shop due to liability and the premiums associated with it. It's a point worth thinking about.

  7. #17
    RBW Member ckrueger is an unknown quantity at this point ckrueger's Avatar
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    Re: Wes Skiles wrongful death suit

    I agree with Simon completely. I have been involved in aviation most of my life and have watched the devastating effect the litigious world has had on that industry. In some cases 50% of the cost of the part is for product liability insurance. Aviation started done the drain when Thurman Monson's wife sued Cessna for selling him the airplane. It didn't matter that he was training and had an instructor with him when it crashed on short final at the Akron/Canton airport. I believe that was the first major lawsuit like that at the time and it was down hill after that for the industry. Unfortunately, given the size of our world of rebreathers and manufacturers, it would never survive such an onslaught. The manufacturers would go away and we would be left building them in our garage.

  8. #18
    RBW Member cb1 is an unknown quantity at this point cb1's Avatar
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by ckrueger  View Original Post
    I agree with Simon completely. I have been involved in aviation most of my life and have watched the devastating effect the litigious world has had on that industry. In some cases 50% of the cost of the part is for product liability insurance. Aviation started done the drain when Thurman Monson's wife sued Cessna for selling him the airplane. It didn't matter that he was training and had an instructor with him when it crashed on short final at the Akron/Canton airport. I believe that was the first major lawsuit like that at the time and it was down hill after that for the industry.
    I thought this is why Aviation is the safest form of transport today. A completely open fully disclosed accident analysis process carried out by independent bodies where all findings eventually get into the public domain.

    Cathal

    And as an aside "you never go to Court to get justice, only to get the law upheld".

  9. #19
    RBW Member tkfx2000 is an unknown quantity at this point tkfx2000's Avatar
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    Re: Wes Skiles wrongful death suit

    There is no perfect system....
    But allowing manufacturers to go unchecked is just as much a non-starter as suing them out of existence.
    In aviation, there are specific laws that cap general aviation manufacturer liability beyond a certain time frame. So they are not liable for old equipment. Some companies were sued out of the aviation business. That is how the system is supposed to work.
    Do we as rebreather consumers really know how the units are being tested? Do we have any real insight into the known problems in the system?
    I think forcing the industry to reveal more about the cause of accidents, rather than hiding details, will ultimately result in a stronger and safer product in time.

  10. #20
    RBW Member oya has a spectacular aura about oya has a spectacular aura about oya has a spectacular aura about oya has a spectacular aura about oya has a spectacular aura about oya's Avatar
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    Re: Wes Skiles wrongful death suit

    Quote Originally Posted by tkfx2000  View Original Post
    Do we as rebreather consumers really know how the units are being tested? Do we have any real insight into the known problems in the system?
    I just always assumed they threw a rebreather into a bathtub for a week, took it out and looked inside for water. If you could plug it in and it still worked it was useable.

    Oh... wait... no... I was thinking of toasters. I think that might be how they test toasters.

    For rebreathers I use this other skill I have called research. And I employed it extensively before I strapped a piece of questionable life-support equipment to my back.

    And it's not easy. I read about and talked to people about and dived a rebreather for a couple of years before I even felt like I knew kinda what I was even talking about. But I'm sure 12 non-divers who were too bloody stupid to get out of jury duty will figure it out in a snap.
    Last edited by oya; 13th May 2016 at 17:10.

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