13 year old diver dies - Oahu, Hawaii

[yle]

But he said they don't know what happened under water. So, at this point it seems we know as much as the lawyer. Which appears to be not much. An instructor with team members were on a dive with the boy. That's about it. Everything else in this thread so far is speculation.

But they do know what happened underwater: the instructor was somehow separated from the victim. And that's the only relevant issue. Why did it happen? Doesn't matter, because there is no explanation (poor visibility? strong current? too many distractions?) that will absolve the instructor of their responsibility.

 

[BlueTrin]

But they do know what happened underwater: the instructor was somehow separated from the victim. And that's the only relevant issue. Why did it happen? Doesn't matter, because there is no explanation (poor visibility? strong current? too many distractions?) that will absolve the instructor of their responsibility.

Is it true ? If they dove in unsuitable conditions, isn’t it the instructor legal responsibility as well ?

 

[yle]

Is it true ? If they dove in unsuitable conditions, isn’t it the instructor legal responsibility as well ?

By "legal responsibility", are you asking if the situation could merit criminal charges?

 

[CuzzA]

But they do know what happened underwater: the instructor was somehow separated from the victim. And that's the only relevant issue. Why did it happen? Doesn't matter, because there is no explanation (poor visibility? strong current? too many distractions?) that will absolve the instructor of their responsibility.

I agree. The decision on the surface to do the dive is certainly where the responsibility lies with the instructor and crew. That is where the lawyer should focus. I just found his statements a bit odd. He seemed to focus on what happened during the dive, but he said they don't know what happened underwater, his claim was the boy did not have one on one supervision. How would he know if they don't know what happened underwater?

There's really only a couple things I'd focus on. How was the boy with no ocean experience able to be on this dive? And why did the instructor allow the boy to dive with fifteen feet of viz? Those are the two big issues where responsibility can be laid on the operator.

They could have followed all standards during the dive, but it's too late once underwater. If someone panics, holds their breath, ditches reg, mask, etc. all bets are off, even if you're holding their hand.

 

[wetb4igetinthewater]

That’s pretty heartbreaking to me. I lost my 16 year old a few weeks ago in an auto accident. It’s a pain no one should ever have to endure.

I wish I could tell the family that I know how they feel, but there’s nothing anyone can say that will make it any better at all.

If you have people you love, spend as much time as you can with them. Never miss a chance to be near them or take a photo or video with them. You’ll kick yourself for missed opportunities if they are snatched from you.

You don't know me, but you have my most sincere condolences. Reading this actually hit me pretty hard as my fiancee and I are starting a family. I can't imagine anything worse. I'm truly sorry.

 

[Esprise Me]

By "legal responsibility", are you asking if the situation could merit criminal charges?

I'm not BlueTrin, but "legal responsibility" generally refers to civil rather than criminal liability, i.e. he could be sued for wrongful death. Possibly also charged with negligent homicide, though that's less likely.

 

[yle]

I'm not BlueTrin, but "legal responsibility" generally refers to civil rather than criminal liability, i.e. he could be sued for wrongful death. Possibly also charged with negligent homicide, though that's less likely.

Yeah, that's why I was asking him to clarify his question. He's in the UK, so it's possible he was asking about the legal system in the US as it relates to criminal charges.

 

[Esprise Me]

Some info on tort liability (and how little protection waivers provide the dive shop) in Hawaii:
Hawaii Statute Prohibiting Waivers Enforced in Scuba Case

 

[kelemvor]

Does a waiver of any kind ever really protect someone found to be negligent? It's one thing to take on a risky activity and die doing it. It's another to die because someone else did something negligent while you were undertaking a risky activity.

 

[Esprise Me]

In California, in certain situations, it can. It's complicated. I'm not an expert, but I can probably give a more complete answer when I get home.