Ginnie Springs, CDA, and Dive Instructor sued over drowning death

[Manatee Diver]

Surprised that this wasn't up there yet. I've attached the amended compliant. I would copy and paste, but it seems that it is an image instead of text. Hopefully some other people can watch this more closely, I only knew about it because it was mentioned in another thread.

Facts of the case:
Johnson was a recent graduate of the Commercial Diving Academy of Jacksonville, attending for an underwater welding certification. He held an OWD certification in addition to his commercial certificate that he earned. As a graduation cermony the student went with Morin, the dive instructor, to Ginnie Springs to celebrate. Who brought some of CDA's equipment so the people can dive. Morin didn't check in with the office as a diver. During the time period Johnson went into the water at Ginnie and drowned. They allege that Morin consumed alcohol and narcotics. Morin and CDA continued to host events at Ginnie even after the death. Subsequently Morin was banned from Ginnie for breaking the rules.

Overview of the claims:
Ginnie Springs - Negligence and wrongful death due to no properly supervise diving to ensure people actually checked in with the office; and didn't have rescue divers and procedures in place in case of an accident.
CDA - Vicarious liability and wrongful death as they allowed the instructor to host the event at Ginnie, allowed him to bring CDA equipment to Ginnie outside of school hours/grounds, and didn't properly supervise the dive instructor.
Morin - All of the above plus lack of direct supervision as the senior dive instructor and host of the event.

Hopefully that covers it, and there aren't too many typos (I am still trying to get used to my new computer's keyboard).

I figured that this was going to happen. As while they do check your certs on check in, they rarely have anyone to check at the water anymore. Which implies that they are supposed to supervise but they don't. I think that their insurance will likely settle.

 

[kensuf]

So in summary: they broke the rules by not checking in as divers and Ginnie gets sued.

 

[tbone1004]

So in summary: they broke the rules by not checking in as divers and Ginnie gets sued.

which is why we have to hold liability insurance in this country... to have someone cover the legal fees when you get sued for no good reason

 

[Manatee Diver]

So in summary: they broke the rules by not checking in as divers and Ginnie gets sued.

Yes, though by checking in divers and wrist banding them at their cert level, you can create an argument that it created a duty of care. That they should've also had people at the water ensuring that no one gets in with scuba equipment unless they had a wrist band.

It may sound counter productive, but by creating procedures like this you can create more liability, which is what the compliant makes in paragraphs 19 and 20; and again in paragraphs 48 and 49.

Edited to make it clear that this is not my opinion, but simply restating the case that the compliant makes.

 

[kaylee_ann]

Curious if this is why Ginnie is temporarily closed.
Anyway, yeah, insurance will likely settle it here...if they have it.

 

[boulderjohn]

Yes, though by checking in divers and wrist banding them at their cert level, you can create an argument that it created a duty of care. That they should've also had people at the water ensuring that no one gets in with scuba equipment unless they had a wrist band.

It may sound counter productive, but by creating procedures like this you can create more liability, which is what the compliant makes.

I see this happening in other ways related to Scuba. The trend started more than a decade ago with the story of Dan Carlock and is continuing in another case now. If an agency does anything to indicate that it monitors the performance of its operators and instructors, that now appears to mean that they may be financially liable for any failures of the operators or instructors. If that becomes the norm, scuba will change forever.

What might happen is that agencies become the equivalent of colleges. They may train and certify an instructor, but once that is done, there is no more relationship. No annual dues. No updated training. Nothing to indicate they have any control over the individual whatsoever.

 

[kensuf]

The signs very clearly state divers must check in at the office when you pull up to the gate. Someone that didn't check in broke the rules.

 

[Manatee Diver]

What might happen is that agencies become the equivalent of colleges. They may train and certify an instructor, but once that is done, there is no more relationship. No annual dues. No updated training. Nothing to indicate they have any control over the individual whatsoever.

That is probably a question for the legal scholars, but I imagine that it would be difficult to roll things back, as you would have to do it industry wide. Because lets say if PADI did that, but SDI didn't. In a lawsuit against PADI, the plaintiff would make the case that PADI is negligent that they aren't doing the "industry standard" procedure of doing the instructor QA.

There are no industry standards for diving access rules at land based sites, particularly since the water itself is public property, so this case will rely on who makes the best arguments.

 

[boulderjohn]

Let's remember the suit that almost bankrupted the NSS-CDS because they did not do a good enough job keeping unqualified divers out of a cave.

 

[Vicko]

What might happen is that agencies become the equivalent of colleges. They may train and certify an instructor, but once that is done, there is no more relationship. No annual dues. No updated training. Nothing to indicate they have any control over the individual whatsoever.

We have something similar here in Croatia, where the liability (not in the same terms as you have in the US, you can't just so everyone connected) is on the company providing the service or the individual inciting it, like the drunk instructor in this story. If I drown in someones back yard it's my fault or the company that brought me there, not the backyard owners.

I still have to pay my dues to the agency even though I had to get licensed by the state as well (being a completely clusterduck situation where I have a internationally recognised state licence to be a scuba instructor, only the state does not have a scuba program I may instruct in)