Maritime Injury Blog

Hawaiian diver suffers hearing loss; loses lawsuit

The Ninth Circuit Court of Appeals recently upheld a lower court verdict in favor of the owner of a Hawaii whale watching vessel after a diver suffered ear damage during a dive.

Christopher MacDonald brought the suit against Kahikolu, Ltd. MacDonald, while working as a lifeguard and deckhand aboard the Frogman II, was also an experienced diver and would sometimes conduct free dives as part of the job.

During a dive down to 46 feet while retrieving a mooring line, MacDonald damaged his left ear while equalizing pressure during the descent.

He also suffered dizziness and permanent hearing loss.

MacDonald sought damages under the so-called "Pennsylvania Rule," which is the standard of Admiralty Law. Under the Pennsylvania Rule, the vessel owner is held liable if a vessel fails to follow regulations aimed at preventing accident or injury.

These regulations generally apply to navigational accidents and collisions.

MacDonald claimed the vessel did not have a required diving operations manual on board.

However, The Court sided with Kahikolu, citing that this requirement only applied to commercial divers-i.e. those wearing scuba gear-and not free divers

Read the case here.

Diving Companies Can Be Held Responsible for a Diver’s Injuries

Diving injuries can be serious and sometimes result in substantial pain and suffering, even death.  After a diving accident it is important to contact a diving injury attorney who can review the details of your case to determine what caused the unfortunate event.  In some situations, the diving company can be held responsible.

Negligence is often a contributing factor in occupational diving accidents.  A diving company can be considered negligent if improper decompression tables or experimental tables were used.  If Coast Guard procedures were violated or if the wrong equipment was used, a diving company can be liable for your injuries.  Sometimes there isn’t enough manpower on a vessel, which ultimately results in injuries from a dive.  In that type of situation, the diving company would also be negligent.

When reviewing a diving accident case, one of the questions that will be asked is – did the diving company act in a manner that would be considered reasonably prudent when compared to other diving companies?  If the answer is no, then you may have a legitimate case against the diving company.

Most injured divers are considered seamen, which makes them eligible to receive compensation under the Jones Act.  The Jones Act allows injured seamen to recover compensation for pain and suffering, past and future medical expenses, past and future lost income, mental anguish and loss of household services.  Contact Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 for a free legal consultation.

The article, “Who is Responsible for Diver Accident Injuries?” has more information on this topic.