Turnbough v. Ladner

Facts

Plaintiff signed up for a scuba-diving course offered by Defendant. Plaintiff had prior experience scuba diving, over a decade prior. Before starting classes, Defendant required all participants to sign express assumption of risk agreements, which Plaintiff signed before beginning classes. At the end of the six-week course, Defendant organized a dive which students were required to complete two successive dives to receive certification.

After completing both dives, Plaintiff began experiencing arthritic pain in his joints later that same day. He reached out to Defendant who directed him to a scuba hotline, which instructed him to receive medical treatment. Doctors informed Defendant, based on the depth of the dives, there should have been a longer decompression period to avoid the injuries experienced by Plaintiff. Similarly, an affidavit by expert testimony described Defendant’s coordination of the dive as “woefully inadequate” of basic industry standards to reduce decompression illness.

Plaintiff was treated for his injuries and told never to dive again.