HALLS POND.........continued from below 
Thursday, April 19, 2012, 01:51 PM
Posted by Administrator
THE SCUBA DIVER was a woman from slightly upstate New York who went out on a dive boat out of the Riviera Beach Marina. The boat was the usual thing....a large, open deck with racks for scuba gear; a small cabin ...where the head probably was; and a flybridge up above the deck from where the Captain ran things. Attached to the stern and accessible through a small door in the transom was a large "swim platform". The divers were instructeed to don their equipment on deck...including swim fins. Then, to walk through the transom door onto the platform and then walk off the end of the platform and take a big final step into the water.

The platform was made of strips of wood about 2" in width staggered in a grid so that the wood alternated with open space. The openings let water flood the platform as the boat's stern came down in the water and let water drain quickly when a swell pick the stern up in the air. A moment before my (future) client took her final step into the water, her swim fin caught in the space between two strips of wood and, as her body continued forward, her ankle snapped...a victim of that law of physics that says "A body in motion tends to stay in motion and a body at rest tends to stay at rest unless acted upon by an outside force." For my client, the body in motion was.....her body....while the body at rest was...for the moment before her ankel snapped... her foot.

Before my client had stepped onto the boat (and, after a car trip across the state from Tampa), the boat operator asked her to sign a Release that said, more or less...."You can't sue us for damages if you are injured, even if the injury was the result of our negligence."

Of course, we did the obvious: we filed suit.

To be continued.

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