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Legal considerations for the Fire on dive boat Conception in CA

Discussion in 'Scuba Related Court Cases' started by onestep, Sep 3, 2019.

  1. onestep

    onestep Angel Fish

    # of Dives: 50 - 99
    Location: California
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    The company won't recover. Scuba divers tend not to be poor. Those who dive in the US instead of going somewhere warm are more likely to be working professionals. The lost earnings due to their families will be gigantic. There could be $100 million of liability here. Most likely, the company's insurance will pay out its maximum and all assets will be sold in bankruptcy.

    I expect that safety requirements for vessels like this will change when the regulators have had a chance to read the NTSB's report.
     
    KWS and Louisville Diver like this.
  2. EricTheDood

    EricTheDood DIR Practitioner

    # of Dives: 100 - 199
    Location: California
    390
    315
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    Something related to criminal negligence.

    34 people are dead. 100% of paying customers are dead. 5/6 crew members are alive. This one isn't going to get swept under the rug.
     
  3. Wookie

    Wookie Secret Field Agent ScubaBoard Business Sponsor

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    This has nothing to do with an A&I thread, and needs to be moved elsewhere, but boats are specifically registered and incorporated to protect themselves from this exactly. As long as the owner was careful not to pierce the corporate veil, I wouldn't expect the other 2 boats to be affected at all.
     
  4. EricTheDood

    EricTheDood DIR Practitioner

    # of Dives: 100 - 199
    Location: California
    390
    315
    63
    Someone else brought up the idea criminal charges being filed. I'm just saying if there are any charges, they would be related to criminal negligence.

    I'm not debating the likelihood of it happening, but I am of the opinion that the likelihood is far from zero, due to the circumstances.
     
    Diving Dubai likes this.
  5. Louisville Diver

    Louisville Diver Nassau Grouper

    # of Dives: 200 - 499
    Location: Louisville
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    Wondering about whichever idiot signed off on the inspection and annual certificates. Lots of winks and handshakes on that one.
     
  6. EricTheDood

    EricTheDood DIR Practitioner

    # of Dives: 100 - 199
    Location: California
    390
    315
    63
    You don't have to convince me, I wouldn't be on the jury and have nothing to do with the media, law enforcement, nor the courts.

    I'm merely pointing out the optics, and that the likelihood of criminal charges being filed is greater than zero. By how much, I have no idea, and am not in the position to make that determination.
     
  7. Wookie

    Wookie Secret Field Agent ScubaBoard Business Sponsor

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    I don't know why you keep saying this. There is no indication that the boat was bot following regulations, and I would know, as I had a similar boat doing similar things for 20 years. I can quote chapter and verse of the applicable regulations, and there is no reason to think that there was a wink and a nod to any of them.
     
  8. ChrisM

    ChrisM Solo Diver

    # of Dives: 1,000 - 2,499
    Location: Torrance, CA
    1,425
    315
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    Interesting, so each boat would have been its own independent corporate entity? I wasn't aware that is how a fleet would be set up.
     
  9. roman50

    roman50 Angel Fish

    # of Dives: 100 - 199
    Location: Prague
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    The emergency hatch was leading to the same room as the stairs. Somebody posted some regulation in the main thread which stated - if I remember well - that the emergency exit should lead so other space than the main one and those two should be far away. Wouldn't be the structure of this ship in direct contradiction with regs then? If so there would be a lawsuit with the government certifying the boat every year? Just thoughts of a person NOT in the know in this area.
     
  10. DiveToad

    DiveToad Angel Fish

    # of Dives: 50 - 99
    Location: Henderson, NV
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    The Coast Guard stated this vessel was in full compliance of all regulations and has been for the last 5 years of inspections. They have had two faults prior. A leaking fire hose and a faulty heat sensor which were immediately corrected.
     

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