"Drifting Dan" Carlock wins $1.68 million after being left at sea
- Thread starter ChrisM
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Must say I dived with Sundivers and found them to be an excellent operation.
Tricia
Contributor
It's bizarre about the dive buddy thing (that no one could agree who it was). And he kept diving for 15 mins AFTER he lost his buddy? I think there's a bit of personal responsibility going on here, but it's not clear that the jury realised it.
That is the problem with juries... they don't always have appropriate specialized information about the intricacies of the cases they are expected to rule on. How many time we hear that new divers don't know what they don't know.. sadly the problem is worst in these situations! Clearly a lot of mistakes were made here and he was responsible for a fair percentage of them!
Gatorshark
Contributor
I hate the litigious society we live in and am all for tort reform, but to leave a diver TWICE? Absolutely no excuse, deserve whatever comes there way.
Scott L
Contributor
Then it is incumbent for the operator to make special plans for such divers as assigning them to an appropriate number of DM's. Especially for an advanced dive such as this one...
That's why the jury's verdict was reduced...
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helimvee
Contributor
Sure the diver may have made mistakes, but that does not excuse the operator from marking him as being on the boat - twice. That is the real issue.
How hard is it to actually count the divers once on the boat - or even the scuba units. Better yet, issue each diver a tag that hooks to a D-ring. As each diver exits the tag is replaced on a board. Missing tag means missing diver.
How hard is it to actually count the divers once on the boat - or even the scuba units. Better yet, issue each diver a tag that hooks to a D-ring. As each diver exits the tag is replaced on a board. Missing tag means missing diver.
Generally, California dive boats do not have DMs in the water unless requested and paid for. The DMs stay on board.
I thought they were supposed to select "juries of their peers?" The jury should be composed of people who actually know something about diving and dive operations IMHO. Yes, I now that's not what the phrase meant but to have 12 people who may know nothing about the topic award large sums like this is a miscarriage. I'm not absolving the dive shop or boat of any liability.
AND to mark him on the roster as being "on board" both times ? That's a big heap of negligence.
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