Injured in a Scuba Diving Accident? Here Are Your Legal Options

Scuba diving should be an exciting adventure! But when training, equipment or supervision fails, an underwater outing can turn into a life-changing incident. If you or a loved one suffered a personal injury (or worse) during a dive, you may have legal options. 

What Are Common Legal Liabilities in Scuba Diving Accidents?

Several parties may face liability when a dive goes wrong: 

• Dive schools and instructors: inadequate training, poor supervision, high student-to-instructor ratios. For example, during a certification class in Texas, a 12-year-old student went missing while descending to a practice platform, raising questions of instructor oversight. 

• Equipment providers or manufacturers: faulty tanks, regulators, buoyancy control devices, or dry suits can cause rapid accidents. 

• Resorts, boat operators, or facilities: where diving takes place on a vessel or at a training facility, inadequate emergency protocols; vessel maintenance or site supervision may create risk, too.  

“I’ve spent weekends in Catalina and Laguna, places I truly love, but beauty doesn’t cancel out danger,” says Parham Nikfarjam, Senior Trial Attorney. “You see the divers there all the time. One misstep with gear or a gap in supervision, and those waters can turn deadly quickly. That’s what makes these cases so deceptive. People are often injured in places where they feel safe.“ 

Why Are Training Schools Often at Fault in Dive Accident Claims?

Training schools have a special duty because novices rely fully on instruction. Liability often arises when: 

• An uncertified instructor runs open-water dives for students beyond their skill level. 

• Equipment is not checked or is misconfigured (e.g., improper weighting or faulty drysuit inflator).  

• The facility lacks proper emergency protocols, or evidence (like dive computer data) is lost. In the Texas case, “crucial data from dive computers was never collected.”  

• Waivers or liability releases are used, but courts often allow claims when gross negligence is shown.  

What Makes Scuba Diving Accident Cases Unique?

• Underwater environment: The dive site might be remote, staffed by fewer people, harder to evacuate or document. 

• Complex causation: Injuries may stem from multiple failures, whether it’s equipment malfunction, poor briefing, or environmental hazards.  

• Waivers and assumed risk: Many divers sign waivers before training. But even then, operators still have a baseline duty of care.  

• Potential for catastrophic injury: Brain injuries (TBIs), spinal injuries, decompression sickness, or drowning. 

What Kind of Evidence Matters in a California-Based Dive Injury Case?

If you were injured while diving in California, here are key types of evidence to preserve: 

• Dive computer logs, pressure tank records, instructor logs, and maintenance records. 

• Equipment inspection and maintenance history (e.g., regulator/valve service). 

• Training records and certifications of instructors and dive-masters. 

• The dive shop’s safety and emergency protocols. 

• Witness statements and video/photos (especially if the dive was on a charter boat). 

• Documentation of medical injuries, especially TBIs or neurologic damage. 

“The first thing I want to know is: who was in charge, and who was watching?” asks Nikfarjam. “Then I dig into the timeline. What was said during the briefing, who handled the gear, what safety steps were skipped? If a diver came up panicked or injured, something was missing. We start by tracing every moment leading up to that point.” 

Even if you were a passenger or student diver, don’t assume it was your fault. You still have rights. 

What Should You Do Immediately After a Dive Accident?

• Seek medical care right away. Issues like decompression sickness or inner-ear barotrauma may worsen if unaddressed. 

• Preserve evidence. Don’t discard equipment or waive your rights before consulting a lawyer. 

• Report the incident to the dive operator and request a written incident or accident report. 

• Contact a personal injury attorney experienced in dive accidents or maritime/underwater cases. 

How J&Y Law Can Help When a Dive Goes Wrong

At J&Y Law, we know diving accidents involve multiple layers. We help clients navigate complex claims, identify all responsible parties, and fight to hold them accountable. Whether the dive operator, equipment manufacturer or charter boat was at fault, you deserve to recover. 

If you or a loved one were injured during a scuba dive, let us review your case. We’ve handled thousands of personal injury matters, and we’re ready to help you move forward.