Major bends in Rangiroa leads to a $7.8 million settlement

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Peter69_56

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Comedy of errors, but as certified divers I have to wonder why they were not asking questions and making their own decisions about the safety of the dive and how to operate their own computers.

Seems to me a classic case of a tough case making bad law.

Tough case because you have an badly hurt plaintiff that everyone feels sorry for and a defendant with deep pockets that made some mistakes and was at a minimum careless.
 
Wow. There are so many mistakes in this whole incident pit by all parties, including the injured diver(s), I can't even count them. Not planning their dives, going beyond their training and experience, not researching the challenging dives they were getting into, not insisting on a thorough briefing, not checking that there was oxygen available on the charter, using a gas (Nitrox or EANx) that they're not trained for, using a computer that they don't know how to use, allowing someone else to set their borrowed computers, not comparing their gas or units of measurement until after getting out of the downcurrent, apparently not asking for oxygen after the dive, contemplating in-water recompression when symptoms were already out of control and moments before he went unconscious... etc.
 
The next interesting step here is what punishment under FP law Top Dive will be handed out.

Bernard was indicted by Tahiti's criminal court in January 2013 for the many errors he made on that dive. The trial has been postponed until later this year. Currently, he and Clement are still listed on Top Dive's website as running its Rangiroa dive operation.


 
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Having been involved in underwater film production, I can say that there is often a lot of "pressure", both time and financial, to get the shoot done. The cameramen were obviously loath to disclose their lack of experience for fear of losing the opportunity to participate. The antidote to this scenario is to have very clear safety protocols IN WRITING, and not deviate from them for any reason. The phrase "fog of war" comes to mind. There is a lot happening very quickly on a photo shoot, and it is important to have a clear-cut plan and stick to it. Anyone finding themselves involved in film production would do very well to remember this, and to reflect on the consequences if it goes sideways.
 
Oh my! - what a catalogue of absolutely basic errors.

Essentially everyone involved was unconsciously incompetent and just did not know why it was a bad idea for them to be trying to do what they were doing in the way they were.

A real shame someone got hurt, but all things considered I think they were lucky to get away without having one or more fatalities. - Phil
 
all I can say is "wow" and shake my head
 
Any real film production for Nat Geo, Discovery, etc. that I have been associated with require a Diving Safety Officer with some sort of credential and an E&O insurance policy to make sure that the production company doesn't get their collective asses sued off. Maybe this case is why, I haven't been in the film business that long, but even 15 years ago, filming with underwater Imax for Macgillivray, we had a DSO. A DSO would have stopped any nonsense, regardless of production schedule or cost. That's why you make them have a E&O policy.
 
^ Given that these guys were clearly over their heads about basic diving safety, I don't think these logistical details would even occur to them.
 
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