Scuba Diving & Snorkeling Accident

The short answer: If you were hurt on a Key West reef, dive, or snorkel tour, you may have a claim against the tour operator, boat captain, an instructor, or an equipment provider when their carelessness caused your injury. Signing a waiver does not automatically end your case. And because accidents on the water can fall under federal maritime law, the rules and filing deadlines may differ from a standard Florida injury claim. The attorneys at JustCallMoe offer a free consultation to sort out which rules apply.

A day on the water off Key West is supposed to be the highlight of your trip. When a dive or snorkel tour goes wrong, it turns frightening fast, and you’re left hurt, shaken, and unsure who was even in charge. You may be facing hospital bills far from home while the tour company already downplays what happened. Here’s what you need to know about a scuba diving accident and your options.

In this article, we discuss:

– How scuba diving and snorkeling accidents happen.

– The injuries these accidents cause.

– Who can be held responsible.

– Whether a signed waiver ends your claim.

– How maritime law and deadlines can change your case.

How do scuba diving and snorkeling accidents happen on reef tours?

Most diving and snorkeling accidents come down to carelessness by the individuals running the tour, not bad luck. Common causes include:

– Insufficient safety briefings or no real supervision in the water.

– Faulty or poorly maintained gear, such as regulators, tanks, or buoyancy vests.

– Overcrowded tours where no one can watch every guest.

– Unqualified divemasters or a divemaster who’s absent when trouble starts.

– Boat propeller strikes when a captain moves the vessel near swimmers.

– A crew that fails to notice or respond to a diver in distress.

When an operator cuts corners on training, staffing, or equipment, guests pay the price.

What injuries do scuba diving and snorkeling accidents cause?

A scuba diving injury is often serious because it happens underwater, where seconds matter. We see:

– Drowning and near-drowning, which can cause lasting brain damage.

– Decompression sickness (“the bends”) from ascending too fast.

– Barotrauma, or pressure injuries to the ears, sinuses, and lungs.

– Propeller injuries, including deep lacerations and amputations.

Even a snorkeler on the surface can suffer a near-drowning or a propeller strike. These injuries can mean long recoveries and mounting medical bills.

Who’s responsible for a Key West diving accident?

More than one party can be responsible for a diving or snorkeling accident. Depending on the facts, that may include the tour or charter operator, the boat captain, the company that rented or serviced the equipment, or an instructor or divemaster who failed to do their job.

Operators often try to shift blame onto the injured guest, using the argument that you ignored instructions. Under Florida’s comparative fault law, contributory fault chargeable to you reduces your recovery proportionately. Still, it does not bar it, and a party found to be greater than 50 percent at fault for their own harm may not recover any damages. So don’t assume their finger-pointing ends your claim.

Does signing a waiver mean I cannot file a claim?

No. Signing a waiver does not automatically end your case. Tour operators lean on waivers to scare injured guests into walking away, but these forms aren’t ironclad. Courts don’t always enforce them, especially where the operator was grossly negligent, the waiver is vaguely worded, or basic safety rules were ignored. A snorkeling accident attorney can review what you signed and tell you whether it actually blocks your claim. Don’t give up just because a form has your signature on it.

How does maritime law affect a Key West diving accident claim?

Accidents on the water can fall under federal maritime law, which works differently from standard Florida injury law. That difference can change your deadline. A 2023 law reduced the statute of limitations for general negligence cases in Florida from four years to two years. Most negligence claims now fall under a two-year deadline. But a civil action for damages for personal injury or death arising out of a maritime tort must generally be brought within 3 years after the cause of action arose. Which set of rules and deadlines applies depends on the specifics, such as where the accident happened and whether a vessel was involved. Getting this analysis wrong can cost you the right to recover anything, so don’t wait to talk to an attorney.

Hurt on a dive or snorkel tour in Key West? Call 866-654-7499 for a free consultation with the attorneys at JustCallMoe.

Talk to the attorneys at JustCallMoe

You shouldn’t have to untangle maritime law and waivers while you’re trying to heal. The attorneys at JustCallMoe handle personal injury cases throughout Florida, and we’ll work to sort out which rules apply, who’s responsible, and what your claim is worth. Our Key West office at 524 Eaton St, Unit 219 is available by appointment.

Injured on the go? Contact JustCallMoe today. Call 866-654-7499 for your free consultation, and you don’t pay us unless we win.

Frequently asked questions about Key West diving and snorkeling accidents

Is snorkeling dangerous?

Snorkeling is typically safe, but it isn’t without danger. Near-drownings, boat propeller strikes, and injuries from poor supervision or bad equipment do happen, especially on crowded tours. You may have a claim when an operator’s carelessness causes harm.

How long do I have to file a claim after a scuba diving accident?

It depends on which law applies. Most Florida negligence claims carry a two-year deadline, while a claim arising out of a maritime tort generally allows three years. Because the right deadline turns on the details, contact an attorney quickly so you don’t lose your rights.

How much does it cost to hire a snorkeling accident attorney?

Nothing up front. The attorneys at JustCallMoe work on a contingency fee basis, so there’s no fee unless we win, and your consultation is free.

What should I do after a scuba diving injury on a reef tour?

Receive medical care right away, even if you feel fine, since some diving injuries appear hours later. Then save your gear, tour paperwork, and photos; get the names of the crew and other guests; and call an attorney before signing anything from the operator or its insurer.