Legal considerations for the Fire on dive boat Conception in CA

[personaljesus]

Be curious to see the results of the drug tests the NTSB has done. Not much experience on dive boats but on sportfishing boats the crew is usually the tattoo'd druggie types. The Pacifica ran aground and the captain was coming down off meth and fell asleep. More testing needs to be done imo and tipping needs to be eliminated.

 

[lexvil]

We may hear from them in the distant future, but you can bet we won't until the criminal investigation and whatever follows takes place. I'm sure they all lawyer'd up once the criminal investigation started.

As for the responsibilities of the watch. It has been outlined here by both regulation, and by other professionals / captains that have considerable liveaboard experience.

I'm not trying to be argumentative... Just saying that while you don't get emotional about things at this point, plenty of others see enough facts to feel outraged at the loss of life. Not to mention, knowing it could have been anyone of us on that boat.

It’s preliminary and based on incomplete information, I prefer to have all the information before making any declaration of outrage. This is a damning report as is yet remains incomplete. I’ve have been on conception and vision so I get the argument on it could have been any of us but I still find it irrelevant at this point.

 

[Scuba Lawyer]

No one knows what insurance the boat carries aside from the insurer and the owner. You can go as low as a million, or as much as (I've heard) 10 million.

Actually..... There is a company in Arizona that will obtain the identity of all insurance companies providing liability coverage for a particular named person or entity, the policy number of each policy, and the monetary limits of coverage for each policy. Haven't used them in a long time but they used to charge $750 for the first policy they uncover, and $250 for each additional policy they uncover - no charge if no policies found. I have a sneakin' suspicion they have already received a few requests. Don't have any clue how they get the info legally but they have been in business for 20+ years and advertise in mainstream venues.

 

[Wookie]

Actually..... There is a company in Arizona that will obtain the identity of all insurance companies providing liability coverage for a particular named person or entity, the policy number of each policy, and the monetary limits of coverage for each policy. Haven't used them in a long time but they used to charge $750 for the first policy they uncover, and $250 for each additional policy they uncover - no charge if no policies found. I have a sneakin' suspicion they have already received a few requests. Don't have any clue how they get the info legally but they have been in business for 20+ years and advertise in mainstream venues.

Yes, however I’ve never seen any liveaboard passenger spend the extra 750 to dig it out. I’d have been happy to share mine, but I might have denied boarding to folks asking....

 

[ChrisM]

I'm pretty sure a captain of a dive boat lost their masters license after failing to rescue a struggling diver on the surface by their boat. You are not a taxi driver. You don't become a taxi by saying you are one.

Is this supposed to be contradicting what I said? Cuz it doesn't

 

[ChrisM]

Actually..... There is a company in Arizona that will obtain the identity of all insurance companies providing liability coverage for a particular named person or entity, the policy number of each policy, and the monetary limits of coverage for each policy. Haven't used them in a long time but they used to charge $750 for the first policy they uncover, and $250 for each additional policy they uncover - no charge if no policies found. I have a sneakin' suspicion they have already received a few requests. Don't have any clue how they get the info legally but they have been in business for 20+ years and advertise in mainstream venues.

They'll get it for free in litigation in discovery

 

[Cowfish Aesthetic]

For those with maritime legal knowledge (i.e., not me): with this new knowledge about the apparent lack of a watch, the ramifications for civil liability to the crew, the captain, and possibly the owners are pretty obvious. But is there also potential criminal liability (for failing to stand watch, failing to ensure a watch, etc.)?

 

[Scuba Lawyer]

They'll get it for free in litigation in discovery

Without doubt; however, many plaintiff litigators want to see what coverages are available pre-litigation/law suit filing. If there are no assets and zero to very little coverage against a particular defendant, or average coverage but a bunch of claimants, outlaying several hundred thousand dollars in litigation costs, including fees to experts, may not be a wise decision in the vast cost-benefit scheme of things. While it's nice to be a purveyor of justice, law is a cash flow business like any other. I have seen plenty of my lawyer acquaintances win a victory for their clients at trial but the client ends up getting nothing because the costs were not contained and for one reason or another not recoverable in full or part from the losing side. My 2psi

 

[ChrisM]

Well, what I mean is here TA is the defendant. The crew won't have insurance coverage except as employees. There aren't many pockets here *given what we currently know.*

The NTSB report may be good news/ bad news for the plaintiffs. Coverage might get pulled, TA files Chap 7 and nobody gets nothing

 

[flyingron]

Be curious to see the results of the drug tests the NTSB has done. Not much experience on dive boats but on sportfishing boats the crew is usually the tattoo'd druggie types. The Pacifica ran aground and the captain was coming down off meth and fell asleep. More testing needs to be done imo and tipping needs to be eliminated.

I don't believe the NTSB has any authority to compel drug testing of the survivors. The Coast Guard on the other hand...