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A ScubaBoard Staff Message...
I agree the marina would probably be named in the lawsuit regardless. However, if there were a way to shutdown the marina and/or prevent access to boaters and it wasn't done, then that is something to look at.I’m still going to disagree. The COVID shutdown was an attempt to stop the spread of the virus, not to ensure everyone on your property were obeying the law. If it were not for the shutdown I’m sure they still would have sued the marina for some other frivolous assignment of blame.
I agree. The shutdown of the marina was being enforced by the sheriff’s department. Commercial fishermen were still allowed to operate. In this case it was the boat captain and all onboard the boat who were violating the order. Either those onboard were not aware or they disregarded it anyway, but it was still the captain’s responsibility to not go out. The captain is responsible for the death and judging by his actions to break the law and his extreme negligence, it was only a matter of time that something like this was going to happen irregardless of a shutdown or not.I agree the marina would probably be named in the lawsuit regardless. However, if there were a way to shutdown the marina and/or prevent access to boaters and it wasn't done, then that is something to look at.
The main thing is her actual dive boat is the one that killed the diver! That is so unbelievably negligent.