Scuba diver goes missing off Catalina Island

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Duty of Care – yes violated by leaving the dive site without all divers aboard.
I happen to agree with you. The question - as ChrisM pointed out, where the legal hair-splitting will take place with a jury - is whether or not that had any effect on the actual accident.
Did boat have a designated lookout for their divers just in case?
Yes, DM.
Counting heads as they came in?
Not sure of their specific procedure. Common out here it a slate where you're checked off when you go in, checked off again when you come out, and then the roll call is done from that slate when all divers are presumed back. I have not seen whatever they used for this dive.
Especially for those solo divers?
Solo not treated/counted any differently than paired or triples, etc.
Obstructed view of dive site – could diver have had an event that brought her up on the other side of Ship Rock and not able speak or to signal boat? With large group of divers, could noise from clanking tanks, talking and boat motor have drown out any sound that she might have been trying to make?
Certainly possible. If she surfaced 180 degrees opposite from where the boat was, Ship Rock - could have hidden her from their view. As to whether she could not have been heard, also possible.

- Ken
 
Ken and Chris - you are already arguing a liability court case (and we all know what hair-splitting can go into legal discussions), but that's not the point. The point is a boat left a diver behind. The full consequences will be left to courts and lawyers to work out, but none of that will change the fact a boat left a diver behind. The focus should be on why that diver was overlooked and how to prevent a recurrence.

Hair splitting is what the internet was invented for ......:cool:

I agree with the ultimate point, and thought that preventing a recurrence was the product of the drifting dan case, at least that's what I read in the press.... But here we have the same operator (different boat different captain, but still....) with a second incident. Again. And this time with a much worse outcome.

There's a lot of discussion re procedures to be followed, and what Southern California boats do in general, but it appears from the vague discussion in the coast guard link from Phil that these procedures were not followed (not as in the "duh" because someone obviously left behind) but apparently that non-employees (ride alongs?) were somehow involved in the procedure? Of course the buck stops at the captain as was enforced in the DD case so I'd be surprised if a captain today relied on someone else taking this responsibility. But again those that were on the boat with knowledge of what was and was not done are keeping mum
 
Ken, about your air time calculation. It looks like you're assuming Laurel instantly went down to to 3.5 atm depth stayed there for the whole dive and instantly popped up to the surface. That's not how we dive. Most likely she went down to some max depth, then made a gradual ascent stopping at shallower depths including a safety stop, assuming nothing went wrong. In fact she may have spent most of her dive at a shallower depth. To calculate the air time you need to use the average depth multiplied by the times at each depth.

If I assume she went down to 80 ft for 5 mins, then came up to 40 ft and spent most of the dive here, then ascended to 15 ft with a 3 min safety stop, I come up with an air time of 55 mins, assuming her SAC of 0.5 cu ft/min. She would have spent 44 mins at 40 ft when I worked this out on a spreadsheet assuming the tank you listed. It still leaves her coming out before the boat left so it would not change your argument.

There are two arguments that my be used against the boat:
1. She may have drifted in a current and came up far from the boat and was too far to signal or swim to the boat before they left.
2. She had a problem and drowned but had the boat not left, her body may have been located and recovered.

Another question: most divers who solo dive carry a pony tank, in fact that is a standard. Did she solo dive with or without a redundant air supply?
 
Unfortunately, with all the debate going on with this, the last set of facts are:

We have a missing diver, one of our own, presumed dead because her body has not been found.

And a grieving family that does not have closure on what happened to their loved one. Left with the knowledge that the boat she was on, moved to another site without realizing she was not onboard.
 
... Of course the buck stops at the captain as was enforced in the DD case so I'd be surprised if a captain today relied on someone else taking this responsibility....

Drift diving on the Florida side, I've never seen a captain hand off the Roll Call to a DM. What happens is the DM goes to the captain's chair to act as lookout (not drive) and the Captain goes to the diver section and personally calls roll and asks how the dive was. Like you said, the captain is ultimately responsible for the ship's manifest.
 
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First off, I hope it doesn't come off like I'm hijacking this thread. Not my intent. But I think good questions deserve answers as well as some points simply need to be addressed.

Let's not lose sight of one thing no matter how you feel about all of this: Someone that many of us knew has likely died. No amount of blamestorning, justifying, hair-splitting, etc. can change that or bring her back. But hopefully, by examining all the aspects of what happened that day and truly learning from it, we can become better both as an industry and as consumers in that industry (aka individual divers) and not have to go down this same road again.

I'm going to combine my responses into one post:
. . . it appears from the vague discussion in the coast guard link from Phil that these procedures were not followed (not as in the "duh" because someone obviously left behind) but apparently that non-employees (ride alongs?) were somehow involved in the procedure?"

I saw the USCG thing Phil linked to and I think it's a bit confusing. Remember two things; (1) USCG does not have, and has stated their don't have, legal jurisdiction of diving per se [but they obviously have jurisdiction over boat operations], and (2) Many times the memos they put ut on diving are written by non-divers, so we in the diving community may not get the message the USCG is intending to convey.

My understanding is that the person designated as DM was a DM-certified crew member who was also part of their drug-testing program. This was not a case of someone non-qualified DMing &/or conducting roll.

I think the "ride-along" refers to people who might be guests of the boat and diving as opposed to paying passengers. They may or may not be perceived as crew by the paying passengers.

Most likely she went down to some max depth, then made a gradual ascent stopping at shallower depths including a safety stop, assuming nothing went wrong. In fact she may have spent most of her dive at a shallower depth. To calculate the air time you need to use the average depth multiplied by the times at each depth.

No question. But I wanted to do this with simple math, not calculus. So I just made a few basic assumptions, based on what she apparently said she was going to do, to keep it simple. I know it's not the way the dive actually would have gone.

(Eliminating your math) . . . It still leaves her coming out before the boat left so it would not change your argument.

I agree.

She may have drifted in a current and came up far from the boat and was too far to signal or swim to the boat before they left.

I don't think so. Fairly small site that slopes steeply. It's very hard to get far away. I'm told the current that day was fairly mild, estimated at about 1/4mph.

She had a problem and drowned but had the boat not left, her body may have been located and recovered.

True, but it wouldn't have changed the fact that she would not have been rescued. My point is simply that people are jumping to a convulsion that BECAUSE the boat left, that's why she died. I don't think there's a connection. But obviously, the boat shouldn't have left while she was in the water, and it's possible she could have been recovered to not only provide more clues as to what happened but - more importantly - to give the family closure.

Another question: most divers who solo dive carry a pony tank, in fact that is a standard.

I would disagree strongly that it's a standard. I think it's a good idea, but when you say "standard" you're invoking legal obligations that I don't believe exists. And before you point to any Solo Diving training standards, remember that the training agencies (all of them) continually say they may regulate TRAINING and set standards for TRAINING, but anything that's not training (like doing the diving outside of a class) does not involve them.

Did she solo dive with or without a redundant air supply?

Solo yes. Don't know about redundant air supply.

- Ken
 
First off,



My point is simply that people are jumping to a convulsion that BECAUSE the boat left, that's why she died. I don't think there's a connection..

- Ken

Nobody has said that (certainly not me). You are the one who is making conclusions with respect to the crew's culpability (i.e., any "connection").

I think it is pretty clear that we don't have enough information to exonerate them OR blame them for the fatality.
 
Richard, whatever EHA's associations may be, the link provided to the USCG notice was a valuable contribution to the discussion. I am still pondering the content and wondering whether our missing diver wasn't logged out/in or included in a verbal roll call because she was serving as part of the crew and not thought of as one of the 'paying customers' who needed 'Duty of Care'? In other words was she off the radar of the persons responsible for diver oversight?
 
I tend to agree with the likelihoods as Ken Kurtis stated BUT there is one other scenario where the boat's presence/absence would have been critical : If she surfaced in some distress - I have seen distressed divers surface by a dive boat a couple times for a variety of reasons and the nearby boat crew and other divers make a big difference.

No excuses for boat's failure to notice her missing..

PS: i used to solo dive Ship Rock a lot. Great dive but you tend to dive deep along the walls looking for Angel sharks on the bottom and circumnavigating the rock itself and an underwater rescue/ body recovery would be very difficult..
 
I am still pondering the content and wondering whether our missing diver wasn't logged out/in or included in a verbal roll call because she was serving as part of the crew and not thought of as one of the 'paying customers' . . .
Wayne, I think you have hit on the key issue in terms of the roll call. Full disclosure is that I have NOT seen the manifest or DM slate/log but my GUESS would be that Laurel was not on the DM slate for exactly the reason you described. So the DM could have called all the names on the slate, gotten positive responses, and reported to the captain that all hands were accounted for, not knowing his list was not complete/accurate.

If this ASSUMPTION is correct, this brings up a second question (and again full disclosure: I do not know the identity of the DM) which is: Why when Laurel went in, why did the DM not notice that she was not on the list (IF THAT'S WHAT HAPPENED)?

When we (Reef Seekers) used to run a lot of local trips, I used to have frequent . . . differences of opinion . . . with some captains as to logging their diving crew members or boat guests on our roster. Many times the response was, "They're crew/my-guest. They're not your responsibility." My response was, "If they go in the water, they go on my list."

Drifting Dan was almost 12 years ago. To my knowledge - although I know there have been occasional divers left behind and the boats came back to get them no-harm-no-foul - we haven't had a serious diver-left-behind scenario in that time. People tend to get complacent when everything is fine. In fact, there's a good chance that many people who DM today weren't even around when Drifting Dan occurred and don't have that as a reference point or educational model.

I've brought this up before but you could hypothesize that roll calls are screwed up left and right all the time. But if everyone's back on board, it's never noticed that it wasn't done according to Hoyle. If anything good is to come out of this situation, hopefully it involves a good look at practices and looking for flaws in our way of doing things. And it also might result in saying, especially with roll calls, that the procedures are all in place but human error or not following those procedures was what caused the problem.

- Ken
 
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