Judge rules-Abandoned diver can sue charter company

[Oside Jimc]

I am shocked the the Coast Guard allowed such a neglegent captain keep his ticket. I properly trained operator should be well aware that when someone is lost at sea time is of the essence to start a search, basic seamanship 101.

This may be a well run operation today, but in 2004 it was not or they would have not abandoned a diver at sea.

Should he get $4mil?, ain't gonna happen.
Should he have accepted an "I'm sorry"? I don't think so here either, serious f'ups require a serious response.

 

[String]

My take on these sort of incidents.

If the boat had proper accounting procedures and noticed then reported the diver missing within a sensible time frame (ie within a few mins of the max allowed dive time) then they have no case to answer.
If they delayed then they could be guilty of some negligence.

**** does sometimes happen, conditions can change, people can be missed for a short time plus we have no idea if the diver is actually telling the truth.

$4m is a moronic amount of money to claim for. Utterly ridiculous.

 

[Rick Murchison]

General aviation was done in not by negligence questions, but rather by product liability issues for aging aircraft that the companies were still "responsible" for. Very different issue I think.

In this case the product is transportation to and from a dive site. One - as in ONE - multi-million dollar judgement will likely quadruple liability insurance for everybody; two and the industry's dead.
The specifics of the decision just don't matter. If liability can't be limited to a bearable burden, the camel's back breaks.
Hide & watch.

Rick

 

[almitywife]

.....I'll bet that anyone that has gone out on a boat in the last few years has noticed a very conscientious effort .....

when the longerans were lost in qld it created a nanny state

thats why charters up there insist you return with a certain amount of air in your tank at the end of the dive, they insist dives are a certain length of time and carrying a signaling device is now law plus their headcount procedures fully reviewed and changed.

im also hearing alot of rebreather divers up there now have to do private charters as alot of operators dont want to be fazed with the paperwork to allowed units on their boats

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaR97.pdf
fun starts approx page 101

 

[Riger]

I am not an expert at US Law but; is it fair to say that the legal precedent has now been set regarding the onus of the DM (or operator) with regards to their responsibility in the eyes of the law, and that no matter what the financial settlement or award is, this (precedent) is a good thing?

 

[The Horn]

you pay for the service. You expect to be served. Leaving a person abandoned is just plain silly. 4 M is cheap. If your brain is that far out to lunch why run a dive boat.

 

[Papa_Bear]

Some are quick to talk about the Captain not paying attention and turn around and talk about him NOT losing his ticket? Well if you would have read the posts you would know he did and you would know that at the rigs you have to station keep and all your attention must be on the helm! This is the fault of the DM and The TWO buddies he was diving with! I can't find any fault with the captain even if the Law does! Sue the DM and be done with it! But the system allows for deep pockets to be sued and who do you think has more assets and insurance?

 

[almitywife]

......Sue the DM ........

the same DMs that dont get paid and are working for tips?? blahhhh - i knew there was a good reason to be anti-tipping

**** happens and sadly, very sadly, it happend to Sundiver in this case. even more sadly is that the rest of the industy will be affected by the result. increased insurance and boat dive costs will soon follow but a much safer dive industry hopefully

thankfully the diver is alive today - for me, there is no price on that but should he have the right to sue? i still say yes

 

[D_B]

Again, not that I have a lot of expereance, but boats that I've been on here do not insist on a time to be back on board, they do or have said that if you come back with much less than 500psi that you will be asked why (I'm pretty sure that it is for someone that does so by accident and not by plan ... they let divers dive as their skill level dictates) they do a head count and visual accounting of divers
.. having a SMB on a boat dive just seems like an obvious choice, but I don't remember it being a requirement

 

[drbill]

Divers in other parts of the States or the world may be viewing this situation from a different perspective. I know in some areas the DM accompanies all divers and it is really a guided dive. Here in California, guided dives are more the exception than the rule. The DM is usually based on the boat to observe divers in the water directly or via their bubbles. Unless a trip is set up as a guided dive, they do not enter the water except to effect assistance.

With that said, it is important to have an accurate check out/in procedure. If there is any doubt on "our" boat, the DM does a roll call, head count and/or often a tank count to verify all are back on board before moving to the next site.

With dive boats that are chartered, the chartering entity (dive shop, club, group) often supplies their own DM's and other personnel, and the vessel the operating crew. Of course under the law, the captain has ultimate responsibility, but often must take the word of the DM(s) in charge of the procedures due to his/her responsibility in operating the vessel.