Delise & Hall

The Diver's Attorney

New Orleans

504.836.8000

Negligence Defined

Generally “negligence” is defined as:

the performance of some act which a reasonably prudent person would not do, or the failure to perform some act which a reasonably prudent person would perform when prompted by circumstances which ordinarily regulate the conduct of human affairs.

It is, in other words, the failure to use ordinary care under the circumstances in the management of one’s person, property, or business.

More specifically, dive shop or charter company negligence is defined as:

the doing of some act which a reasonably prudent dive shop or charter company would not do, or the failure to do something which a reasonably prudent dive shop or charter company would do when prompted by the considerations which ordinarily regulate the conduct of similarly situated charters.

In dive accident cases determining the degree of ordinary care expected under the circumstances varies in proportion to the danger known to be involved in the diving operation and is relative to what is reasonably foreseeable under each circumstance.

To better illustrate legal negligence, the following examples may be helpful.

Case Summaries

PUBLIC SAFETY DIVER KILLED DURING TRAINING TRAINING NEGLIGENCE – INAPPROPRIATE RESCUE

Delise and Hall represented the surviving wife and two children of JD, a 37 year old public safety d…

COMMERCIAL DIVER DEATH DIVER’S UMBILICAL BECOMES ENTRAPPED IN PROPELLER OF DSV

Commercial diver, JC, age 31, died when his umbilical become entrapped in the propeller of the jack-…

COMMERCIAL DIVER DEATH DIVER KEEL-HAULED BELOW SUPERTANKER

Commercial diver, MS, age 28, was killed when he was pulled underneath a supertanker being cleaned o…

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New Orleans Office
Delise & Hall
1100 Poydras St., Suite 1502
New Orleans, LA 70163
Phone: 504.836.8000

Covington office
Delise & Hall.
528 W. 21st Avenue
Covington, LA 70433
Phone: 985.249.5915

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