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Instructor sentenced after diver's death

Discussion in 'Scuba Related Court Cases' started by European, Feb 3, 2018.

  1. CT-Rich

    CT-Rich Solo Diver

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    The reason I am doing that is you are creating a fanciful narrative that really has no basis in fact. You could say “gee I wonder if the equipment they had fit” or “I wonder if they silted out”. Or “I wonder how the body ended up at 36 m, was it a straight drop or did he go down a slope”. You really can’t take all those supposition and build a complete narrative out of them.

    The question before us is whether the shop and instructor/guide acted in a way that significantly contributed to the death of the diver. Ok, the husband was a heavy breather... he had an inadequate tank for the planned dive, who was responsible? The fit of the wetsuit was never mentioned, so it was not necessarily an issue, same with the BCD. We can’t real talk about those being contributing factors because it is not in any of the articles about the dive.

    We can talk about how each of these things could have been a contributing factor, but only in isolation. Putting them together is creating a narrative unmoored from reality and doesn’t address the core question of whether or not the Instructor or the shop should be held liable for the resulting death.
     
  2. Wookie

    Wookie ScubaBoard Business Sponsor Staff Member ScubaBoard Business Sponsor

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    Really? Wut?
     
    Scuba J7 and oldandpokey like this.
  3. GlennL

    GlennL Nassau Grouper

    # of Dives: 100 - 199
    Location: Covington, Georgia
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    I just read these genre of threads because the liability aspects always intrigues me. I am a simpleton. Therefore complexity intrigues me even if I don’t understand it.
    I am in the US. I know there are all different laws worldwide in regards to duty of care.
    My familiarity with DM’s on the dive is that unless you specifically hire them for YOUR dive then they are are just there to point out stuff. They mostly work for tips. Why would someone working for tips want to be saddled with the responsibility of someone else not dying.
    On the other hand if you specifically seek out and pay for a guide and mentorship then that’s another story. From my limited ability to comprehend that gives the hired hand liability for the entire operation. PADI tells people to do DSD’s for professional advice. It’s the professional advice that comes to play. Otherwise PADI would tell people to get on an online scuba forum and ask for advice on how to safely do something they have never done before. SDI/TDI promotes doing pinnacle dives with experienced or professional people.
    The point is that you don’t know what you are doing. Therefore you put your safety in the hands of someone who does know what they are doing. At that point in my mind liability comes down to did I hire someone to assist me, or did I just go diving with joe blow who is also looking for a buddy.
    Expectations should all be discussed THOROUGHLY prior to splashing. particularly when you pay for a service.
     

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