Judge rules-Abandoned diver can sue charter company

[merxlin]

Why does it seem that so many people have either forgotten, not read about, or have chosen to ignore the fact that someone answered for the missing diver during roll call? Bad job by the DM? Probably. But so many replies seem to make it sound like the boat just left without doing any sort of check in. That's not what happened in this case.

 

[Papa_Bear]

The biggest problem is she marked him back in at the second sight! That one is hard to figure out? The only thing I can figure is that two of the three buddies looked very much alike with the same equipment or wet suit witch helped led to the problem! Then she confused them when the one buddy answered for the other and she continued the confusion? I don't know what else would explain her confusion except just tuning out?:no

 

[Peter Guy]

A demurrer? I can't believe such is still used!

The L.A. Times story said the judge ruled on a motion for summary judgment.

In any event, the facts in this case ARE a bit bizarre. Hey, if I were the defendants, I would have tried to bring in his "buddies" as being liable third parties!

To me, IF there was negligence, under the facts as I believe them to be (that is, that a buddy, or buddies, said he was back on board) I'd find FOR the Charter and against the buddies!

 

[Papa_Bear]

I agree and suggested many post before he sue for indemnity both the buddies and the DM! I agree with you 100% as I have stated never ever answer for someone else! Period! end of story!

 

[Thalassamania]

... But most importantly the Boat and captain are top notch ...

That is clearly not the case. A top notch Captain and boat do not leave divers behind, they have systems in place and backups for systems so that they do not have to have apologists rushing about looking for others to blame.

I agree and suggested many post before he sue for indemnity both the buddies and the DM! I agree with you 100% as I have stated never ever answer for someone else! Period! end of story!

What the hell is "sue for indemnity?"

 

[Rick Murchison]

That is clearly not the case. A top notch Captain and boat do not leave divers behind, they have systems in place and backups for systems so that they do not have to have apologists rushing about looking for others to blame.
What the hell is "sue for indemnity?"

OK, Thass... I've started this thread out in the general discussion area. I invite you to share the "system" that'll always work. Frankly, I don't think any system can defeat a sufficiently talented idiot.
Rick

 

[drbill]

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!

We do, although only as part of the check-in, check-out system.

 

[Papa_Bear]

DB, there is always the exception and your boat is run more like a resort boat than those docked on the mainland.... Yours is an open boat with a nice configuration and that can't be said for all the SC boats!

 

[ianw2]

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!

We do, although only as part of the check-in, check-out system.

DB, there is always the exception and your boat is run more like a resort boat than those docked on the mainland.... Yours is an open boat with a nice configuration and that can't be said for all the SC boats!

Sorry, PB, on every boat for which I DM, we do a tank count, too. Divers are assigned a number when they check in first thing in the morning. As they enter the water, each diver is checked in (the water) by number. After the divers are in the water, a quick tank count gives us a second data point to confirm the check in tally. If any tanks are left on board, we go looking for the divers who should still also be on board. We want a positive id on anyone not in the water. Once the divers are all checked back in the boat, a quick tank count gives us a way to confirm our check in before we do a roll call.

Oh…this isn’t an isolated format. I DM for a large Southern California SCUBA retailer and this is our policy and procedure for every boat on charter through the chain.

I’m not sure where you get your facts from, PB, but they are not correct.

 

[Papa_Bear]

I understand and I am use to the number system such as used by Captain Greg and others! I am just saying that many boats have additional tanks on board and some bring doubles and extras! Tank counting is very inefficient on most California boats! The numbers and roll call is the best! I know on the BS you must be on the back deck present and answer for yourself, even if you were in a bunk or the head! My point was an open decked boat with tank stations or racks with only the customers tanks at there stations or the company tanks accounted for is easier to keep track of than a boat like the BS or boats with unusual configurations.... That there are exceptions does not detract from my point at all! California boats are very different from any of the hundreds of boats I have been on around the world! One reason is wet suits and hunting gear to mention a couple that others don't deal with..... BTW 36 years of diving California boats! All of them NO, but a good number of them!