Uhm, I'm not sure how a court of law fits in with this scenario. Are you suggesting that, had the OP not called the dive and his buddy died, he'd have to convince a court of law of him not being culpable?
Yes, that is exactly what I am saying. Perhaps not in a criminal court, but distraught family has a way of blaming survivors and retaining counsel.
You can drown in a duck pond, but that's not the point I was getting at. I made no reference to the depth suggesting that deeper dives offer a greater risk to drowning. I was saying that on a deeper dive, one might have more reason to suspect that your buddy is not mentally acknowledging his/her distress due to narcosis. At a shallow depth, even though we all know that you can still drown in it, at least he'd have little reason to suspect serious narcosis and consequent impaired judgment.
Depth is irrelevant. I had a night dive scheduled at a local inlet (max depth 20 feet 6m) and earlier in the day my father had undergone surgery to remove a cancerous tumor on his thyroid. He and my mother insisted that I go dive, since it is as often as not therapy for me. I was so out of it over my father that I had vertigo, my buddy didn't notice and it ended up freaking me out to the point I was laying on the bottom with the world spinning and I and could not stop it. Laying on the bottom is out of character for me, as is not returning an ok signal. My buddy kept going and I soon started to hyperventilate and could not control that either.l Luckily I got enough control of myself to surface on my own and get out. Total BT by my computer was 25 minutes, I had about 300PSI in the tank when I checked my guages the next day. Needles to say I could have died, depth was not an issue, and my buddy should have recognized that long before it got serious by my not behaving normally. We no longer dive together.
On a dive not long ago I finned funny because I had knocked my right thigh on the boat before the dive. My wife didn't know this and asked me if I was OK and if I wanted to terminate the dive. I replied that I was OK and that I did not want to terminate the dive. I'd have been seriously miffed if she decided to call the dive on my behalf because I was obviously having issues. I know I'm swimming funny, I know why I'm swimming funny and I know that I'm fine to complete the dive, I don't need someone else to decide for me whether or not I'm fine.
Or you could have been finning in a funny way because you were having a heart attack, and like a great many people who do are in complete denial about it and insist everything is ok. Or let me ask this, were you on a dive with current? Perhaps you hurt you leg bad enough that while it may not feel like it at first, it will become nearly useless should you need to really swim hard. It could set you up for needing to be rescued, or make you worthless should your wife need assistance. If it hurts enough to force you to swim noticabely different, how is she to know you are truly ok?
but I still trust that my wife will call a dive when she's not comfortable and I'm glad that she trusts me to do the same.
Good, the only question is, is it
ok for her to be uncomfortable with what she observes you to be doing?
Allow me to make that call then please.
No sir, buddies can call for any reasons, including reasons that pertain to you, whether you like it or not.
OK, I concede, "overreacted" is perhaps a strong word. But to be fair, I made it clear that I was not telling him he should have done things differently and I was not berating him. I simply wanted to add another perspective which anyone is free to ignore if they don't agree.
And to be fair, I am not trying to pick on you, or beat you up, or be argumentative. I am saying that it is bad form to challenge anyone for calling a dive, for any reason. As someone else has said, if this is a chronic issue with someone calling dives, perhaps you choose to not dive with them anymore. But as long as your buddy is paying attention to you, and has your best interests in mind and calls a dive, you can't ask for more than that.