Judge rules-Abandoned diver can sue charter company

[Scubagolf]

Not to disrupt a good argument by inserting actual facts or anything, but...a copy of the Judges Order in the case is at:

http://www.courthousenews.com/BlogArchive/Blog%20Archive%20PDF%20Files/diver.pdf

Cheers...

For the non-lawyers in the crowd who give a whit, this came to the Court by way of a "demurrer", which is a pleading device that only challenges the sufficiency of the facts and claims set forth in the complaint that was filed on behalf of the plaintiff. In ruling on a demurrer, the Court assumes the truth of the facts as they are pleaded in the complaint, and then simply rules on whether there are any viable claims set forth in the complaint based on those alleged (but as yet unproven) facts. This demurrer was ruled upon two years ago, which would be consistent with a trial date in June of this year (2008).

 

[dannobee]

Well that would depend on the number of passengers involved, right? I mean how hard is it if you are running a cruise line? Likely a VERY difficult task?

Cruise ships issue you an ID card that must be scanned before you can depart or board the ship. Although it might seem difficult, they know if any passengers or crew members are not on board (unless they happen to jump overboard or slide down a mooring line).

I've been on cruise ships where the ship was held in port for one or two people. There's normally a big round of applause when they finally return to the gangway.

 

[Ann Marie]

They waited? Maybe because they were on a cruise-offered tour. I've gotten off a ship and dove with a LDS and told my husband should I miss the boat rofl3 don't worry, I've got some cash, a credit card, my chapstick, and dive gear.....I'll catch up at some point. (He hits the links while I dive--so we don't meet up until back on the ship, usually )

 

[Riger]

My wife and I were recently diving in the Red Sea with what can only be described as an outstanding operator (Emperor Divers).

After each dive and before the boat moved on, the DM was walking amongst the divers and noting the Pressure in, Pressure out, Depth and Dive Time from each diver directly. This was being done on a spreadsheet list based on names of all divers, guides and guests alike.

It would have been very difficult to leave anyone behind under these circumstances and I never felt at risk of not being noticed as missing if that turned out to be the case.

 

[Papa_Bear]

Live-a-boards are a little different for a number of reasons! First you have a station and a tank setup! Next they do record and many day operations do as well, but for whatever reason ($?) California boats never have to this point! Next on a Live-a-board everyone gets to know who you are pretty fast! I love the whole type of operation!

 

[Papa_Bear]

I wonder what would happen if you were out of air and your dive "buddy" refused to share his with you?????

First I wouldn't be the one out of air! In 4125 dives I have never to this point "Run out of air" and even when I have had equipment failures I have managed them myself and safely surfaced! On the platform dives you just surface as you would on most open water dives? I guess maybe I am missing something?

 

[Papa_Bear]

I assume that somebody snuck an extra tank onboard also, and brought it out of hiding when nobody was looking --- so when they counted tanks the number came out right ????? Clearly, whatever procedures the boat was using for roll call were defective.

I have been on boats where we signed back in. I have been on boats where we left with a DAN tag and put it back onto a board upon returning. I have been on boats with all sorts of measures and backup measures for ensuring that all divers are back onboard.

I haven't yet been on one where people have to show a passport, but if that's what is needed to ensure a good roll call, then that's what that boat should be doing.

There is NO excuse for moving to another divesite leaving a diver behind.
End of story.

Charlie Allen

California is a whole different world! No one counts tanks on a California boat! Some boats have some tanks while some have none and it would be a nightmare! It isn't a neat 48pro with tank slots believe me!

 

[Riger]

Live-a-boards are a little different for a number of reasons! First you have a station and a tank setup! Next they do record and many day operations do as well, but for whatever reason ($?) California boats never have to this point! Next on a Live-a-board everyone gets to know who you are pretty fast! I love the whole type of operation!

Hi there PB, this was not a liveaboard, even though they do have many options for that kind of operation. It may be that because their DM's rotate thru the liveaboard rota's that they have that standard.

We will hopefully do a one week liveaboard toward the end of summer in the Red Sea.

It just seems so easy to come up with a simple plan to be sure you got everyone, why would operators not make a small effort to reduce a huge risk?

 

[Satori]

(Disclaimer: I don't advocate this course of action...) I think somebody is lucky there isn't a certain oceangoing vessel chilling in the D6

 

[Papa_Bear]

(Disclaimer: I don't advocate this course of action...) I think somebody is lucky there isn't a certain oceangoing vessel chilling in the D6

That is ridiculous! First how would the plaintiff recover? But most importantly the Boat and captain are top notch and very well liked! I know a lot of people who not just support him, but went to bat for him with the Coast Gard! I am telling you this was the DM! Who no longer is one! It was a carrier ender for her! Many divers would be standing beside the captain to protect him and the operation! So we don't need a Boston Tea Party and I think it is in bad taste! Here if a boat has a bad operation it dies a fast death!:no