Expert Witness In Recreational Diving Cases
Tim O'Brien provides expert legal witness testimony in recreational diving accidents throughout the United States and abroad.
Every year in the United States, there are approximately eight thousand (8,000) spinal cord injuries (SCI's). Of those, seven to eight hundred (700-800) are life changing accidents that occur in an aquatic environment that leave the person paralyzed for the remainder of their lives. Nine out of ten of these accidents occur in water that is less than four feet deep. Spinal cord injury (SCI) accidents in the water are often preventable and lead to litigation and claims of negligence that result in significant monetary judgements. As a former athlete, Olympic Coach and Competitive Judge, it is disconcerting to see these tragic accident labeled as "diving". These spinal cord injuries are in NO way associated with the sport of springboard and platform diving. Athletes who participate in organized diving lessons, supervised practices and competitive diving events with trained and experienced coach's, learn safe diving rules, skills, physical fitness, spatial awareness and the concept of "planning your dive" and do not suffer these types of injuries. That point cannot be overstated. The data shows that the majority of accident victims never had organized teaching or coaching and were "self taught". That fact, and the numbers which shows a large percentage of the accidents occur in neighborhood pools during informal gatherings where the victim is using that pool for the very first time, indicate that most are preventable. This is a great reason to have your child take diving lessons from a United States Diving Safety Certified Coach to learn how to dive safely and avoid the dangers that exist in shallow water and pools they are not familiar with. M. Alexander Gabrielson, who is regarded as an expert in the field states, "To date, there is no record of any competitive diver receiving a neck fracture by striking the bottom of a pool that met the specifications promulgated by the various ruling bodies governing competitive diving." The data over years of study has determined that the untrained recreational "diver" is at greatest risk. Unfortunately, the Olympic sport of diving, which is a very safe, exciting sport and has a record of decades of safe participation, gets the brunt of bad publicity as a result of accidents that have NOTHING to do with the sport itself. These accidents that get labeled as "diving" related occur in various settings and are not, in fact, diving at all. They are the direct result of negligence by anyone associate with the planning design or operation of the facility where the injury occurred, the regulatory agencies responsible for governing them, or by untrained, unsupervised, intoxicated horseplay by people entering shallow or unknown and unsafe bodies of water, while leading with their heads. These spinal cord injuries occur in:
The majority of these accidents involve males and water depths of less than four feet. In some instances they are the result of unsupervised, "recreational" negligence, poor decision making and horseplay or may lie in many factors attributable to the pool design, markings, lighting, operation and the circumstances leading up to the tragic event themselves. A large majority of accidents are the result of impaired judgement as a result of alcohol or drugs. It is strongly advised to everyone to NEVER "drink an dive" as we have seen countless, preventable accidents occur as a result of poor judgement as a result of intoxication. These accidents lead to lawsuits that, in turn, require attorneys to retain the expertise and insight of a expert witness who is knowledgeable in all facets of diving as well as these types of accidents and injuries. Tim O'Brien's expertise and experience provide him with a unique perspective in a legal case or in a court of law. He provides a professional and accurate interpretation of the facts in cases that involve personal injury as a result of an injury in a recreational "diving" accident. If you are a trial attorney or legal representative, we will provide you with a free one hour initial consultation and case review to determine the facts of your case and to gauge our interest in providing expert witness depositions, testimony, guidance and support. |