Death of a recreational diver after a fall on board MV Elaine

[caruso]

The story that I heard, (as a kid), is that the truck was going too fast to stop safely for the distance, and the truck actually jack knifed into his car.

Thanks, I didn't see that part when I researched it. I did read about the split liability but the article didn't say why the truck driver was found negligent. I figured it was simply because the insurance company had the deep pockets.

 

[boulderjohn]

Thanks, I didn't see that part when I researched it. I did read about the split liability but the article didn't say why the truck driver was found negligent. I figured it was simply because the insurance company had the deep pockets.

In most (not all) of the cases like this I know of in which it appears as if the jury made a really bad decision, it turns out we did not hear all the facts in the case. We hear a few details that shock us and never hear the real reason the jury decided as it did. The McDonald's coffee case is one example. The first O.J. Simpson trial is another.

 

[caruso]

I hope so. I'd rather believe this than that the whole court liability jury system is completely whacked.

 

[caruso]

During the subsequent lawsuit (settled early), an expert witness for the plaintiff argued that when someone thumbs a dive, everyone on the dive is expected to end the dive at that time. He produced language to that effect in a manual.

I know nothing about this case other than what is posted above, however- they were a buddy team. As compared to an unrelated group of divers that just happened to share a boat ride and probably didn't even enter the water together or at the same time. I'd think that matters?

 

[boulderjohn]

I know nothing about this case other than what is posted above, however- they were a buddy team. As compared to an unrelated group of divers that just happened to share a boat ride. I'd think that matters?

I would agree.

 

[Wookie]

I know nothing about this case other than what is posted above, however- they were a buddy team. As compared to an unrelated group of divers that just happened to share a boat ride and probably didn't even enter the water together or at the same time. I'd think that matters?

Me too. I also wouldn’t be happy if I had to go up because someone was low on air, unless it had been briefed that way. And if it was briefed that way I’d find another operator.

But running low on air isn’t an “issue” in my opinion.

 

[Colliam7]

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A ScubaBoard Staff Message...

This thread has been split, and a new thread ('Calling a dive') - Calling a dive - has been created in the Advanced' forum. Splits are never perfect, but hopefully the focus of the original thread remains intact, and the new thread affords an opportunity for discussion of the broader issue of 'calling a dive'.

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[NAUI Wowie]

Exactly.

---------- Post added December 13th, 2013 at 09:08 AM ----------



Ken, you are obviously far beyond me in terms of diving and experience, and maybe this is a minor semantic point in light of the fact that someone has lost their lives. But I think that if you are going to try to analyze data in a scientific fashion, then terminology is important because what a dive is labeled has implications for how aggregate data is sorted (as was pointed out above).

I'm pretty sure that everyone reading this thread understands that a 300 foot dive with a rebreather is different from cruising along a Caribbean reef at 40 feet. But the fact that in the vernacular, the term "recreational" is used to refer to a dive without a staged deco obligation doesn't change the fact that that usage is incorrect, and that using it in reporting contaminates a database. So I stand by my pet peeve against using the term "recreational dive" to mean a shallow, basic OW dive with no required deco stop (of course, every dive is a deco dive, but that's for another thread!).

Yes, if you pay someone to get your car keys from the bottom of a lake, I consider that a commercial dive. And if you push thousands of feet into a cave using a rebreather and scooters for fun, that's a recreational dive...

it was a tech dive for recreational purposes and a person lost their life and their family has likely read all of this. Are the next few pages more of this back and forth or are we discussing what happened and how to prevent it to save our lives potentially? Im a newbie here and a newbie diver so sorry if I am sounding bad. Not my intent just trying to figure out what this thread is about. If its terminology ill move on to the next thread.

best regards

 

[doctormike]

it was a tech dive for recreational purposes and a person lost their life and their family has likely read all of this. Are the next few pages more of this back and forth or are we discussing what happened and how to prevent it to save our lives potentially? Im a newbie here and a newbie diver so sorry if I am sounding bad. Not my intent just trying to figure out what this thread is about. If its terminology ill move on to the next thread.

best regards

Sorry, not sure I understand. You want someone to summarize over a hundred posts for you so that you don't have to read them?

 

[Bubblesong]

ScubadiverDale has the gaul

To seek a summary, 100 posts in all!

Doctor mike says, “Hey Feller,

yer not Helen Keller!,

Read it yerself, ya won’t sprang an eyeball!”