Diver in California Sues for Being Left

[Scubagolf]

I did not think spilling coffee on your lap whilst driving would go, boy was I wrong

REMOVED

 

[Meng_Tze]

Both the diver and the captain/operator share blame here.

The captain since he is responsible for the safety and welbeeing of all people on his boat. Even if he has no direct control over their welbeing. If someone gets bent for instance, it is the captains responsibility (not held accountable for everything, like diver getting bend due to his own dive profile) to do something about that (either in person or by other means). The operator for not having a proper count system in place. If the two are (part of) the same, then the more to the captain. To me this is a paramount piece. They have blame here.

The diver also created his own problems and share a significant piece of the blame: he dove alone. Never do this. Outside of other issues, when you are in pairs/groups you stand a better chance fo being seen. Second he did not have a signaling device, BIG mistake. When you do deco (safety stop) you should at least have a marker up. This can also serve as a signalling device for attracting the attention of the departing boat.

I personally would be too ashamed to even try to sue for punitive damages... $4million? Give me a f*cking break! how do you quantify that? Skin cancer? prove that you a: have skin cancer, and B:that it is a direct result from spending those hours at the surface. Its my won bloody fault the boat did not see/hear me sailing off. But I think that this case could serve as a model for implementing logical and simple head counting ways to ensure whoever gets on the boat also gets off at the dock.

As for exposure... bring a balaclava, or some sort of head protectionj. I got badly burned on scalp once (no hair on top) from waiting 1hr (boat did see me, but was broken down....hehehehehe) and since then carry a headcover in my pouch.

The issue is to prepare for these events, this guy clearly wasnt.

Lets hope this case will be a model.

 

[The Kraken]

Once again, the diver cannot be held responsible in any way for being left.

THE DIVER WAS NOT AT THE HELM OF THE BOAT.

The fact that a diver does not surface at a specified time or specified place does not give the pilot of the boat the RIGHT TO ABANDON a diver.

There were times when I was sitting on the ground with rotors turning waiting for some grunts to show up in an LZ and people were taking pot shots at me, but I didn't leave them. I didn't particularly like being there, but it was my responsibility to extract them from their situation.

 

[Deepseabob]

It doesn't matter what this guy did or didn't do in the water, the only thing that matters is that he was left behind! And it was only a matter of pure luck that he is alive today. If it wasn't for one Boy Scout on a training cruise that was paying attention at the right time, the Diver would most likely have never been found. Especially since the search for him was in the wrong area, again because of the mistakes made by the crew

 

[miketsp]

..snip..
But I think that this case could serve as a model for implementing logical and simple head counting ways to ensure whoever gets on the boat also gets off at the dock.
..snip..

Unfortunately there is no totally foolproof system.
I witnessed a scene a few weeks ago where the DM on the boat had a control list by name and was checking people in as they unkitted in the stern inside the boat after climbing over the platform.
When he had ticked everybody off, he authorised the engine start and the DM in the water to untie us from the wreck.
After untying was complete and the 2nd DM back in the boat he decided to run a final head count as we were moving off the site. We were 1 short!
Back to the site we soon found an experienced diver swimming in the water and picked him up. The guy had pi**ed in his wet suit, realised he was all smelly and decided to get back in the water to rinse off during the untying, didn't want to tell anybody and nobody noticed.
Needless to say he got a real piece of the DM's mind.
In this case it would have been 100% the fault of the diver. The diver knew he had been checked in.

 

[wolf eel]

[The Kraken Once again, the diver cannot be held responsible in any way for being left.

THE DIVER WAS NOT AT THE HELM OF THE BOAT.

The fact that a diver does not surface at a specified time or specified place does not give the pilot of the boat the RIGHT TO ABANDON a diver.

There were times when I was sitting on the ground with rotors turning waiting for some grunts to show up in an LZ and people were taking pot shots at me, but I didn't leave them. I didn't particularly like being there, but it was my responsibility to extract them from their situation.]

Because of this example I blame the DM. If all the "GRUNTS" get in the Sgt says we are good to go and you leave and one man is left standing thats not the pilots fault the head count was called.

 

[wcl]

Because of this example I blame the DM. If all the "GRUNTS" get in the Sgt says we are good to go and you leave and one man is left standing thats not the pilots fault the head count was called.

One observation:

Responsibility and fault are distinct concepts, something often overlooked in our culture lately.

It may not be the pilot's (captain's) fault.

It is his responsbility.

That comes with the position. Don't like it? Then don't do it.

In various leadership roles I have held, this is the principle I live by.


Cheers,
Walter

 

[Doc Thomas]

They should take all these laywers out on a dive trip and leave them behing in GW areas...........

Hey... I'm with ShakaZulu on this one. Load up all the lawyers, put 3 mm suits on them, supply each with a 35 pound weight belt and leave them all out there. Then the rest of us can sit around and discuss the dumb captain. Doc (By the way... is that really your picture?? My, my, my.)

 

[wolf eel]

[wcl One observation:

Responsibility and fault are distinct concepts, something often overlooked in our culture lately.

It may not be the pilot's (captain's) fault.

It is his responsbility.

That comes with the position. Don't like it? Then don't do it.

In various leadership roles I have held, this is the principle I live by.


Cheers,
Walter]

What comes with the position? The pilot is focused on the aircraft and enemy fire. When he is instructed he does his job and get the uck out of that LZ. Now the DM is that person like it or not. They do the head count they lead the team. It is part of the job to be able to focus on what you need to do to insure the people on the boat are safe. The boat and where it is going and how it gets there is what the Captains job is.

But in the case of a dive op I can also understand that a Captain could do a head count. My god man how hard is it for a DM to focus long enough to say here yes, no. If yes check in if no or any other person answers check the no box and look around.

 

[The Kraken]

Sorry, Wolf Eel, but the aircraft commander is the sole commander of the aircraft. It is his decision, and his only, when to take off. It is the same with the captain of a boat.


You may tell me it's time to go . . . but I ain't gotta

Now if the captain is given false information, that is another issue.