DIVELAW Attorney Scores $3 Million Judgement for Injured PADI Instructor

[H2Andy]

So, who was the judgement rendered against?

The owner of the boat that did not have the required dive flag?

Or the owner of tha catamaran, who was not aware there were divers in the water due to the lack of the required dive flag?

Ken

without more information, the judgment appears to have been against the owner of the vessel that failed to fly the Alpha flag:

"Photos taken at the time of the incident showed the captain of Isham's vessel had failed to raise any dive flag, and it was also determined later that the company did not even own the large Alpha flag required by Coast Guard regulations to be displayed during diving operations."

that was the negligent action.

now, it appears that the instructor and the diver might be negligent themselves in entering the water without making sure the Alpha flag was diving. In that case, their negligence is substracted from the total award.

for example, if the jury finds they were 30% negligent and the boat onwer were 70% negligent, then they would only get 70% of the award.

it appears that the vessel that ran them over did nothing negligently. they simply were not aware that divers were in the area due to the captain's failure to fly the alpha flag.

 

[H2Andy]

The alpha flag is displayed during the day, the lights at night.

correct ... Rule 20 sets this out

actually, the Alpha flag is displayed during the day only if the vessel is too small to display the required shapes. they don't have to fly the Alpha flag if they can fly the shapes.

the lights are displayed at night

 

[Lead_carrier]

From here: http://www.navcen.uscg.gov/mwv/navrules/Rules/Rule27.htm

Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit all lights and shapes prescribed in paragraph (d) of this Rule, the following shall be exhibited:

Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;
a rigid replica of the International Code flag "A" not less than 1 meter in height. Measures shall be taken to ensure its all-round visibility.

Have you ever seen a dive boat with these lights?

Don't forget rule g: g) Vessels of less than 12 meters in length, except those engaged in diving operations, shall not be required to exhibit the lights prescribed in this Rule.

 

[H2Andy]

Don't forget rule g: g) Vessels of less than 12 meters in length, except those engaged in diving operations, shall not be required to exhibit the lights prescribed in this Rule.

ah....

 

[hilti]

lawyers are ruining this country, or is it the people?

 

[Jason Ooi]

Grade he victory!