Diver in California Sues for Being Left

[cdiver2]

Judge, Jury and executioner........before the facts are known.

 

[DennisW]

If a dive operation leaves a diver in the water without extreme circumstances involved, I could think of a couple, then they are negligent and should at the very least lose their license to operate. FOREVER. All I ask is that a dive operator get me to the site and return me to the dock. If they leave me in the ocean, a law suit is the lesser of their worries.

 

[pilot fish]

Admittedly i know very little about the law and legal terms, i think you know what i mean, the legal action should be due to being left behind and not being concious of a duty of care to this individual. As for possible reprocussions, i doubt any beyond a bit of hypothermia, salt water inhalation, dehydration and a bit of sunburn, but probably not skin cancer. At least he didnt have someone with him who wanted to feed him to the sharks

Is it reasonable to think you will not be left behind? Was that foreseeable? What did he do to contribute to that? Did he have any signalling devices? tough case.

 

[simbrooks]

Judge, Jury and executioner........before the facts are known.

Just trying to work out what kind of grounds this guy might be able to sue on, i dont think skin cancer is one of them

 

[cdiver2]

Just trying to work out what kind of grounds this guy might be able to sue on, i dont think skin cancer is one of them

I did not think spilling coffee on your lap whilst driving would go, boy was I wrong

 

[pipedope]

The incident was reported and discussed on here. I don't have time to search it out right now.

The boat left him.
They didn't know he was not on board.
They went to the next dive site and did another dive.
Then they finally discovered that he was not there.
There were looking for him at the second site.

He was spotted and picked up by a boy scout training vessel that just happened to be passing by.

I am sorry but there is NO excuse for a sport diving boat to leave divers in the water. Well actually there is ONE but in that case the captain is swimming with ALL of the divers because the boat sank.

What ever happened to responsibility?
The CAPTAIN is responsible for EVERYTHING that happens on his vessel.

 

[simbrooks]

I did not think spilling coffee on your lap whilst driving would go, boy was I wrong

Like i said there have been success elsewhere, but its still a stretch i reckon

The incident was reported and discussed on here. I don't have time to search it out right now.

Previous thread on this incident.

 

[pilot fish]

The incident was reported and discussed on here. I don't have time to search it out right now.

The boat left him.
They didn't know he was not on board.
They went to the next dive site and did another dive.
Then they finally discovered that he was not there.
There were looking for him at the second site.

He was spotted and picked up by a boy scout training vessel that just happened to be passing by.

I am sorry but there is NO excuse for a sport diving boat to leave divers in the water. Well actually there is ONE but in that case the captain is swimming with ALL of the divers because the boat sank.

What ever happened to responsibility?
The CAPTAIN is responsible for EVERYTHING that happens on his vessel.

The Captain is not responsible for*everything*. If your gear fails and you are injured, is that his responsibility? Is he at fault if you get the bends? If you swim off from your dive buddy chasing a fish to 300 ft and die, is that his responsibility? Is it his responsibilty to do a head count and make sure all divers return from a dive and not leave a dive location until he is sure all hands ar aboard? Absolutely.

 

[Humuhumunukunukuapua'a]

It sure seems to me the captain is, or should be, responsible for doing a head count. It's so bloody easy.

It really suprised me to see so many people placing blame on the diver. Give me a break. You can say all you want about his responsibility in the matter. The dive op should do a head count before moving on. Pretty simple math.

5 hours wondering if you're gonna freeze or be lunch for the landlord? I'd sue too, and I've never even thought about suing anyone for anything.

Gregg

 

[Valwood1]

Pipedope is absolutely right, as is Pilot Fish's question and reply "Is it his responsibilty to do a head count and make sure all divers return from a dive and not leave a dive location until he is sure all hands ar aboard? Absolutely." I cannot imagine how anyone could argue that there is any justification for leaving a diver behind.

The only real question is the measure of "damages", actual and punitive. The abuses of the legal system are found primarily in the latter, which is why a number of states have put limits on punitive damages even as recoveries for actual damages remain unlimited, as I think that they should be.