Judge rules-Abandoned diver can sue charter company

[jasondcrawford]

If the boat had noticed he was missing and had called out search and rescue, he wouldn't have had any sort of claim and little chance of compensation.

Why would they call out the search and rescue if they did a roll call, and it was answered that he was present, as someone said may have been the case. Do you suggest that the DM on board checks drivers licenses and passports before and after each dive? Perhaps we should all have to enter a password into an onboard computer that only we know -- this would prevent someone else from answering for us.

I don't know the details, and am not pretending too, but if it is the case that someone answered he was on board, then there is much less that could have been done to prevent it.

 

[Papa_Bear]

They seem to know their business!

 

[Teamcasa]

They seem to know their business!

It is not California law and at least you should give credit to them when you copy thier work.

 

[jasondcrawford]

The DM should not accept answers from anyone but the guy he is calling - this is a pretty basic rule of doing roll calls on boats.

Man, it would be quite an accomplishment for every dm in the country to learn the names, faces, and voices of every passenger on the ship within the first 20 minutes before a dive. Now that would deserve a tip! A lot of diving boats have 20+ passengers on them, new ones every single day, sometimes 2 or 3 trips a day (morning/afternoon/night).

 

[Papa_Bear]

I was and you did!

 

[Papa_Bear]

As I stated in an earlier post "He might be found responsible, but not Liable" & "The law might punish him, but I see no moral guilt". So from Maritime law "Even though a court honorably acquits him of blame he must first assume the responsibility for the ship he commanded." So as with the Ferry and I think in this case the above should apply!

Most Captains lose their commands when something bad happens, but when there is no fault and only responsibility a new command is not out of question as with the Ferry Captain in New Zealand: After the Wahine Disaster and the subsequent Court of Inquiry, Captain Robertson returned to sea at the start of October 1968. He never captained a passenger ship again. In the five years remaining to him he was master of nine Union Steam Ship Company cargo ships, most notably the Kawerau (3,698/1955) for 17 months from 27 January 1969. Command of roll-on roll-off ships in the Union Company’s cargo fleet was offered to him but he declined. In the early 1970s the finest non-roll on-roll off ships in the fleet were the four vessels of the Ngakuta (Nga) Class. Captain Robertson was appointed master of three of them. His very last ship was the Ngapara (4,575/1966) which he commanded from 29 April until 11 June 1973 when he was forced to retire because of ill health.

 

[Hetland]

I wonder what would happen if you were out of air and your dive "buddy" refused to share his with you?????

 

[almitywife]

I wonder what would happen if you were out of air and your dive "buddy" refused to share his with you?????

well im guessing the out of air buddy wouldnt have much to say after the event

 

[ianw2]

Not to disrupt a good argument by inserting actual facts or anything, but...a copy of the Judges Order in the case is at:

http://www.courthousenews.com/BlogArchive/Blog%20Archive%20PDF%20Files/diver.pdf

Cheers...

 

[Charlie99]

Do you suggest that the DM on board checks drivers licenses and passports before and after each dive? Perhaps we should all have to enter a password into an onboard computer that only we know -- this would prevent someone else from answering for us.
........
I don't know the details, and am not pretending too, but if it is the case that someone answered he was on board, then there is much less that could have been done to prevent it.

I assume that somebody snuck an extra tank onboard also, and brought it out of hiding when nobody was looking --- so when they counted tanks the number came out right ????? Clearly, whatever procedures the boat was using for roll call were defective.

I have been on boats where we signed back in. I have been on boats where we left with a DAN tag and put it back onto a board upon returning. I have been on boats with all sorts of measures and backup measures for ensuring that all divers are back onboard.

I haven't yet been on one where people have to show a passport, but if that's what is needed to ensure a good roll call, then that's what that boat should be doing.

There is NO excuse for moving to another divesite leaving a diver behind.
End of story.

Charlie Allen