As summer heats up, spinal cord injury (SCI) statistics show us that the number of individuals sustaining catastrophic injuries shoots up too. Many of these injuries occur as a result of diving accidents.
62% of diving injuries resulting in SCI occur during the summer months. June, July, and August are recognized as Diving Safety Awareness months for this reason.
Spinal Cord Injury and Diving
Diving is the fifth leading cause of paralyzing SCIs.
Diving-related SCIs exceed the total reported from all other sports combined.
Diving accidents most commonly affect young individuals, predominantly males.
How Do Most Diving SCIs Occur?
- Shallow water diving (possibly up to 85% of diving-related SCIs occur in shallow water)
- Underestimating water depth
- Diving in unfamiliar or unsupervised locations
- Alcohol consumption impairing judgment
Consequences of Diving-Related SCIs
Diving accidents leading to SCI commonly result in cervical SCI. The C5 level is frequently affected, followed by C6.
When a person dives headfirst, the body is a torpedo, and upon hitting bottom the head comes to a sudden stop while the rest of the body’s momentum continues propelling downward. The impact can be too much for the cervical spine.
These upper level injuries result in complete or incomplete paralysis of the legs, trunk and torso, as well as impair hand function and dexterity.
Who is at Fault in Diving Accidents?
Generally if a person plunges into water on public or private property they should engage in precautions such as determining the water depth and observing posted warnings.
In some cases property owners may be held liable. A missing or inadequate “no diving” sign, especially in a pool that is too shallow for diving, can be deemed negligence if it directly leads to a diving injury.
Public pools and lakes are generally protected from lawsuits but exceptions to this immunity exist, allowing individuals to sue for injuries caused by government negligence.
An individual’s own negligence and decision to take a risk is often the direct cause of diving injuries.
Can I Sue for My Diving Injury?
Every case is different. Many individuals injured in diving accidents are found to have some degree of comparative negligence- a legal principle used in most states to determine damages when more than one party shares responsibility for an injury. A court or jury determines the percentage of fault for each party involved and your compensation may be reduced in proportion.
Washington DC does not have comparative negligence. If you are even slightly at fault (1% or more) for an accident, you cannot recover any damages, even if the other party was primarily responsible.
We can help you determine whether or not to seek compensation for your diving-related spinal cord injury. Call now.
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