I am appalled that there is so much reference to a lawsuit. In any rational persons mind, no one but the unfortunate diver can be held accountable.
It strikes me that the pioneers of cave diving don't hold a cave cert?! There was no cave cert at the time for them to get and they, like Ben explored caves for fun, making up strategies as they went. I suspect the reason for developing certs in the first place, was that there were so many accidents that the practice would end up being banned if the accidents kept happening.
I notice that a fair number of experienced tech divers around the world seam to have accidents (usually on rebreathers) and get a much more symapthetic hearing from the "Court of Scubaboard", than any other diver who is not a high profile tech trailblazer. I suspect the accidents that these very experienced divers have does more harm than the accident an average punter might have. It seems to me that no matter how experienced, how much training, how closely a person follow the rules, how big a legend a person is, "**** happens". Perhaps we can treat each accident as an exercise in causality, and not a search for someone to blame. It's comforting to believe that Ben was a careless, reckless, lock picking, daredevil, because it makes you believe this could never happen to you. Just like you, just like the pioneers of cave diving, Ben was out exploring, having fun and felt comfortable with the risk he was taking. Who can be sure that things would have been different if he had a few more certs stuck on his wall? Who's sure that, had he had a buddy, the outcome would have been different? (Recall and incident with a diver stuck in a cave a no amount of buddies could change the outcome). But it is comforting to believe this could never happen to me because, I leave my cert card at the shop, I dive with buddies, I have every cert card in the book, I am just ,.. oh so superior!