Training Open Water Dive Training Accident

[NW Dive Dawg]

My sincere condolences also.

If it is not too intrusive or disrespectful to ask, what was the physical cause of death?

 

[Jim Lapenta]

My deepest sympathies on your loss. I would sincerely suggest you contact the Ontario Underwater Council for information and support even though you are in NB. They may be able to connect you with resources closer to you. They are a great organization. Ontario Underwater Club
Following this as there are a lot of variables and many things are going to happen. I'm not as familiar with Canadian Law and procedures by the authorities.
I would also encourage you to get in touch with some kind of support if you haven't already done that.
And while you don't have to look at it now, and I suggest you don't. I'm attaching an article I wrote that has been used by many people in situations like this.
Not all of the scenarios apply to you. But the suggestions for getting help and when, may.
Again, my condolences.

 

[TrimixToo]

I am terribly sorry to hear about your brother. My sincere condolences.

Some unsolicited advice: If you are asking questions to prepare for or make a decision about legal action, I suggest you stop telegraphing your intent here. Get a lawyer instead, preferably a diver or one with plenty of experience in the area.

If you are asking just for understanding and closure, ask away! There are lots of very experienced instructors here to help.

 

[VikingDives]

Hey @Subfiend, do you know anyone practicing in Canada who could potentially advise the OP?

 

[kensuf]

My deepest condolences.

 

[Feather111]

Yes, the instructor or a certified assistant must be in the water and directly supervising the student. There is no question about that. There have been plenty of precedents on that issue.

Do you have information that your brother was in the water unsupervised when he had his accident?

Thank you for clarifying this, we assumed this was the case. We are still going through an investigation, but from what the coroner told us, the instructor was not in the water with him at the time of the accident. His dive buddy, who was also taking the training, tried bringing him to surface but couldn't cut his weights, therefore he went back down (30 feet). By the time the instructor was aware of what was happening and was able to bring him back up, it was clearly too late. Again, this is what we have been told so far but nothing official on paper has been released.

 

[Feather111]

My deepest condolences.

Thank you, it's been heartbreaking to say the least.

 

[Feather111]

As you pursue this case, you should be aware that there is a complication in terms of authorities dealing with this sort of thing. The agency (PADI in this case) has no real legal authority to act--the most they can do is expel the instructor and/or dive operation from the agency. It would be up to local legal authorities (like the police) to do more than that. Your problem in that case is that what the instructor did wrong may be an agency standard violation but not a violation of the law.

I say that because I know some details of a couple cases in Mexico where the instructor was clearly at fault and was expelled by the agency, but no action was taken by legal authorities. In the United States and (I assume) Canada, you are more likely to get some action from them.

Hi there - that's what I feared that this could be quite complicated since I couldn't find anywhere who actually has legal authority to act on potential negligence in cases such as these. The information you are providing is greatly appreciated and will help guide us as we move forward seeking legal advice. We just want to try to make sure that something like this never happens again, and whatever we need to do for that, we will try to action. Again, your advice is greatly appreciated.

 

[Feather111]

My sincere condolences also.

If it is not too intrusive or disrespectful to ask, what was the physical cause of death?

Official coroners report hasn't been released as they are doing a full investigation, but we have been told cause of death was drowning.

 

[halocline]

I would second the advice to contact an attorney and be very careful about what you say on this forum (or anywhere public) if you are intending to pursue a lawsuit. I’m very sorry to hear about your brother’s death. I hope you can find out what happened.