I have been a professional dive accident witness since the very early1960s. At that time I was the only witness to defend the then unknown 5 year old divers flag in Toso vs Burns litigation, which established the rights and privileges of a diver in the water flying the red & white divers flag.
For a period of over ten years in the late 1970s to the early 1980s I was associated with and represented by Impact General , a company created specifically to provide experience and expertise to the legal profession. One interesting case which I was assigned was Fienberg vs US Divers, SCUBA Pro, et al.
The victim, Dr. Fienberg, purchased a US Divers floatation device (vest) under the table or out the back door from the GM of US Divers with out it ever being subject to final US Divers quality control check.
He also purchased a used SCUBA Pro Mark VI which he had it over hauled at a local dive shop.
He and his daughter traveled to the Dive Park on Catalina Island for a day of diving. All went well until the began their assents, the daughter ascended with out problems but the Doctor became entangled just a few feet under the surface in the kelp canopy which lies like a blanket on the water.
As I reconstructed his last moments;
He began attempting to free himself but the more he struggled the more he became entangled. He activated the CO2 which failed to inflate the vest, while continuing to attempting to free himself all the time breathing from his regulator. With out warning the regulator detached it's self from the tank. No floatation, out of air and weight belt still in place he took his last breath about 5 feet from the surface wrapped in a blanket of kelp, where he was recovered by the local life guards.
The judgment was $250,000.00
Scuba pro totally discontinued the Mark VI and probably US Divers GM never sold a piece of diving equipment out the back door.
S