Scubaboard being sued for $10,000,000?

[Mattleycrue76]

http://www.scubaboard.com/forums/site-s ... mbers.html

Apparently scubaboard is being sued to the tune of ten million dollars for libel and slander over posts made by members regarding a diving accident in the Maldives in 2008. Has it really come to the point where courts will even consider such claims? According to the owner of the site defense is estimated to cost between $10,000 and $100,000. This just makes me sick .

[CaptnJack]

Its not just SB, its the board and 100 members to be outed in discovery. US district court in Miami.

The accident involved a Russian who died from CO poisoning on a liveaboard. People wrote in about their poor experiences, questionable air, etc and the business apparently tanked from the bad press.

[scottsax]

I wondered if it was going to be discussed here. It's really unfortunate for SB that they're finding themselves in this position, and pretty IMO. But on the other hand, it tends to get really noisy over there, and I think some people yell louder and more obnoxious things just to be heard over the fray.

It's one of the reasons I like it here so much...

[Nwbrewer]

That's it I'm changing my sig line.

"All statements made in this post are not statements of fact, but merely my opinion. Please don't sue me."

[Mongodives]

I don't get why someone wouldn't let sleeping dogs lay.
This is just getting more people to research and find out what the deal is and that can't be good for her new business.

[airsix]

Suing scubaboard is like suing Seattle because the person who libeled you was standing on the sidewalk.

[Mongodives]

Airsix, thanks for the GREAT idea.
I think I'm going to find a City that has money though.

[Mattleycrue76]

I don't get why someone wouldn't let sleeping dogs lay.
This is just getting more people to research and find out what the deal is and that can't be good for her new business.

Those were my thoughts too. I mean I would have no idea about any of this if not for this outrageous suit.

[Mongodives]

Same here, no clue there was an issue until a few days ago.

[Grateful Diver]

As I posted over there ... the only thing that surprises me is that it didn't happen sooner.

There have been other cases that were a lot less justified than this one where people just crucified someone's business over a supposition. A handful of posters are famous for making assumptions and following them up as though they were proven facts ... and within a handful of posts the

[youtube]http://www.youtube.com/watch?v=zrzMhU_4m-g[/youtube]

crowd descends on the business owner with pitchforks and torches.

In this case, it would appear that there is sufficient evidence that the death of the one diver and serious illness to 11 others was due to negligence ... which will come out in discovery. A defense fund has been set up, which I've contributed to partly because I've been a part of that community for over eight years now.

It's a shame they're going after the forum ... if it were just the individual posters they were suing, I'd say go for it ... some of those people need to learn when to shut up ...

... Bob (Grateful Diver)

[Jaksonbrown]

As I posted over there ... the only thing that surprises me is that it didn't happen sooner.

There have been other cases that were a lot less justified than this one where people just crucified someone's business over a supposition. A handful of posters are famous for making assumptions and following them up as though they were proven facts ... and within a handful of posts the

[youtube]http://www.youtube.com/watch?v=zrzMhU_4m-g[/youtube]

crowd descends on the business owner with pitchforks and torches.


... Bob (Grateful Diver)

Kinda reminds me of when a bunch of local folks here decended on a local charter operator with threats and intimidation of crucifying his business for booking a spearfishing event after it was mentioned on this forum.

[Grateful Diver]

I don't recall that one ... FWIW, TLSea's been booking spearfishing events annually since at least as long as I've been diving, and I haven't ever heard anyone protest.

As long as it's done responsibly, what's the complaint? Fresh fish is tasty ...

... Bob (Grateful Diver)

[Jaksonbrown]

I don't recall that one ... FWIW, TLSea's been booking spearfishing events annually since at least as long as I've been diving, and I haven't ever heard anyone protest.

As long as it's done responsibly, what's the complaint? Fresh fish is tasty ...

... Bob (Grateful Diver)

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Report this postReply with quote Re: On spearfishing....
by girldiver » Wed Jan 07, 2009 11:48 am

Last Spearfishing SEASON...we were forced to cancel a spearfishing event, designed to EDUCATE newbie spearo's on responsible harvesting of fish. We had a boat chartered and a contest designed with large prizes from manufacturers in the industry. The threatening emails came from many sources...the "big names" of the NW Scuba industry.

Without viewing our presentation, they believed we were going after the alleged 35 pound lings found in the Puget Sound. Wow... Our PowerPoint talked about reproduction among ling cod...recreational dive sites vs. dive sites not regularly dove...and we had chartered a boat to take us to 2 dive sites I've never heard of anyone else diving.

The cancellation happened when the threat was aimed at the charter operation. If the boat went through with it, the person (who runs many classes per year) would take their business elsewhere. The big names couldn't affect my business, as I'm not in the business to be loved by everyone...just my students...but I'm not going to take any chances on affecting anothers livelihood.

The whole event changed my feelings on many people and programs in the area.

BTW...one of the newbie spearo's who had signed up for the event...without any education speared a 32# ling...using a scooter on his first dive. AND...it was at a regularly dove site in the Seattle area. This would have been over the size limit allowed for the derby...and we definitely wouldn't be spearing at the same sites I introduce new students to.

Good job to the powers that be on that one.
********************
Cindy
http://www.girldiver.com - CHECK IT OUT...JUST REDESIGNED!!
ADVANCED OW Classes - Every month - 4 students max. (A different ratio than your OW class?)
Dive Yoga Workshops - Diver's Health Series - Keepin' it fun...and safe!

[ArcticDiver]

I thought responsibility of the internet host had been settled in the courts a long time ago. My recollection was that the internet host had the responsibility to provide proper authority data on posters but had no responsibility for content.

There was another dive forum that had been sued over a similar thing. In that case PADI, I believe, sued over a series of posts criticizing their standards and operations. My recollection is that the Board won the suit. It later went out of business, but not because of the suit, more the owner's predilections got in the way of a successful enterprise.

[CaptnJack]

When you edit the sockpuppets defending a business while leaving the supposedly slanderous posts that presents some appearance of impropriety & bias.

[60south]

"All statements made in this post are not statements of fact, but merely my opinion. Please don't sue me."

I take offense to that. You'll be hearing from my lawyer.

[spatz84]

is suba board a free chat forum the same as NWDC? if so, then where the heck do they think there going to pull that large a $$$ settlement from. I also agree that the forum host is not responsible for the chat content of its users. If I found something in the 'OP ED' of the New York Times that I felt hurt my business I don't think I could sue the NY Times for damages. This sounds like a lawyer looking for a meal ticket and easy target.

S.

[airsix]

This sounds like a lawyer looking for a meal ticket and easy target.
S.

I know a person who was sued repeatedly by some moron. Said moron went to his lawyer and was told he had no case but he demanded to sue anyway. He lost. So he went to another lawyer and tried again. That lawyer told him he had no case but he demanded to sue anyway and lost. His third lawyer basically said "Seriously?" but he demanded they pursue the issue and again he lost. Don't be so quick to blame the lawyer.

I love how everyone bashes lawyers but when they get in trouble they go running to one like a 2yr old to mommy. There are good and bad in any profession. I think too many people have an opinion of lawyers based on viewing Law and Order vs. reality.

-Ben (not a lawyer)

[scottsax]

This sounds like a lawyer looking for a meal ticket and easy target.
S.

I know a person who was sued repeatedly by some moron. Said moron went to his lawyer and was told he had no case but he demanded to sue anyway. He lost. So he went to another lawyer and tried again. That lawyer told him he had no case but he demanded to sue anyway and lost. His third lawyer basically said "Seriously?" but he demanded they pursue the issue and again he lost. Don't be so quick to blame the lawyer.

I love how everyone bashes lawyers but when they get in trouble they go running to one like a 2yr old to mommy. There are good and bad in any profession.

-Ben (not a lawyer)

This particular case sounds like the "victim" wanting to make a point and try to force SB out of business. I don't think she's prepared for the loyalty of the membership, though...

[spatman]

If I found something in the 'OP ED' of the New York Times that I felt hurt my business I don't think I could sue the NY Times for damages. This sounds like a lawyer looking for a meal ticket and easy target.

depends on whether the op-ed piece could be considered libel in a court.

[Mattleycrue76]

Don't be so quick to blame the lawyer.

I love how everyone bashes lawyers but when they get in trouble they go running to one like a 2yr old to mommy. There are good and bad in any profession.

You make an excellent point. Having been in the car business for years I can relate. :driving:

[CaptnJack]

I also agree that the forum host is not responsible for the chat content of its users.

Depending on what getting deleted, a moderated board cannot necessarily default to this shield.

[Grateful Diver]

There is a precendent here, although it remains to be seen (by the courts) how much of it applies.

Several years back, a fellow who's currently an active member of ScubaBoard wrote a piece comparing the OW courses of several agencies. The piece was posted on a now-defunct internet forum called Diverlink. PADI took exception to the content of the article and sued Diverlink for damages. The case dragged on for more than two years, and the author of the piece, while never actually sued, was subpoened to provide statements and testimony. Since the case was in California and the author was from Florida, this involved several cross-country trips. PADI eventually lost the case, but the defense cost Diverlink about $200,000 and the author about $30,000. Both eventually recouped their losses, as PADI was ordered to pick up the tab for their defense costs. But it was still a significant drain on people who didn't have PADI's resources to throw around.

There's currently several ongoing threads on SB about the current case, and an awful lot of hype, hysteria and misinformation. I'm staying the hell away from it ... and thank God I never got involved in the discussion that brought it about.

... Bob (Grateful Diver)

[ArcticDiver]

Yep, that is who it was, Diverlink. There have been others too. How long and expensive the ordeal was sort of depended on which court system the matter got thrown into. Some courts seem to be more into harrassment than problem resolution. Oh well.

[Joshua Smith]

Depending on what getting deleted, a moderated board cannot necessarily default to this shield.

Even if the Mods are widely regarded as incompetent buffoons by their peers?

Yeah, actually, I worry about this stuff. One of the many reasons we watch threads about fatalities so closely.