Diver in California Sues for Being Left

[wolf eel]

cdiver2 And as stated the Capt should know what procedures are being used on his boat and agree that they are adequate and the crew qualified to carry out those procedures.

What if the Capt had already agreed to the procedure and the DM just created his own on the fly. If the capt had hired a good DM and they had done several trips together then it would seem prudent to be able to rely on the DM. I just can not understand how some of you do not understand that he was checked IN that is the only reason he was left no matter what happens he was checked in when he was not on the boat. The problem about the amount he was given is a joke but that is what happens state side so why do you care how much. Look at the lady who PUT her coffie between her legs and burnt her you know and was paid for being such a dumb ***. He on the other hand did nothing and some how some of you feel it is his fault. What?

 

[cdiver2]

What if the Capt had already agreed to the procedure and the DM just created his own on the fly. If the capt had hired a good DM and they had done several trips together then it would seem prudent to be able to rely on the DM. I just can not understand how some of you do not understand that he was checked IN that is the only reason he was left no matter what happens he was checked in when he was not on the boat. The problem about the amount he was given is a joke but that is what happens state side so why do you care how much. Look at the lady who PUT her coffie between her legs and burnt her you know and was paid for being such a dumb ***. He on the other hand did nothing and some how some of you feel it is his fault. What?

maritime law the Capt is responsible for the correct procedures aboard his ship and having crew that is capable of implementing those procedures. Bottom line ether the procedure or crew (DM) or both failed.
You ask if the Capt had hired a good DM and done several trips, that is my question (that I have asked a few times..no answers) did the Capt know the DM and was he satisfied with his experience?,had they gone over procedures and was he satisfied with them?
I have assisted on a few dive boats and ALWAYS started by asking what are the procedures right from asking what lines do you want releasing first on departure to what lines first when we get back.

 

[wolf eel]

cdiver2 maritime law the Capt is responsible for the correct procedures aboard his ship and having crew that is capable of implementing those procedures. Bottom line ether the procedure or crew (DM) or both failed.

I am on the crew side as it seems the DM checked him in.

You ask if the Capt had hired a good DM and done several trips, that is my question (that I have asked a few times..no answers) did the Capt know the DM and was he satisfied with his experience?,had they gone over procedures and was he satisfied with them?

The procedure would be to make eye to eye contact and check in or out and then the procedure of what next to do comes into play. If the Capt asked is everybody on the boat did you check yes OK then lets go. I agree with what you are saying its just why do you hire people because you can not do it all on your own. The Capt would have to be charged because how the law is mandated. That does not mean he did anything wrong just a old law that may need to be changed.

 

[Azza]

It has been stated Dan was diving without a buddy...just tagging along with two other divers again why did the DM allow this, a bad procedure.
And as stated the Capt should know what procedures are being used on his boat and agree that they are adequate and the crew qualified to carry out those procedures.

It hasnt been stated he was diving without a buddy. He had two buddies. They left him when he had equalizing problems and he decided to try find them after he sorted his ears out.
The buddies should have stayed with him until he sorted his problem out or escorted him to the surface.
He in turn should have called the dive when they left him.

 

[Azza]

Your right but so is being able to check the no box

What no box would this be?

really I would do the same if I could that would record the last time he was alive and what time he had been missing at that point.

Sorry that just sounds too planned for me. I would not bother as its not going to help you get out of the ****, all its going to do is provide evidence of when you were last alive. If you are dead, WTF does that matter now?
This makes me really suspicious that this guy actually planned this so he could sue. From what i hear its not an uncommen thing in the USA.

for what leaving him behind in the water.

For ignoring instructions. If i give a direct instruction and its ignored i would ban that person from diving on my boat. There are reasons that instructions are given and if people tend to ignore those instructions, its there own fault if they get in the ****. You reap what you sow.

It could be true and that would still not matter as he was doing the BOB for 5hrs

If he had done what he was told, exercised a little common dog **** and made a little effort to swim to the boat, he wouldnt have been in doing the bob for 5 hours.

 

[cdiver2]

Don't believe all the fairy story's you hear
This makes me really suspicious that this guy actually planned this so he could sue. From what i hear its not an uncommon thing in the USA.

Boy yo* sur* hav* a funn* wa* of spellin* dow* ther*

 

[wolf eel]

Azza What no box would this be?

This is the problem, its the your on the boat role call list that no box.

Sorry that just sounds too planned for me. I would not bother as its not going to help you get out of the ****, all its going to do is provide evidence of when you were last alive. If you are dead, WTF does that matter now?

Well that would define loads of things to inspectors. Look at the fun you can have you could take a pic of your fins and your hand and things like that,if you died all the speculation would make you famous.

This makes me really suspicious that this guy actually planned this so he could sue. From what i hear its not an uncommen thing in the USA.

It is possible no doubt but that is it. He may have just been terrified of his own shadow and well lost all common sense doing the BOB because he was left behind in the fog because the DM checked the IN box.

If i give a direct instruction and its ignored i would ban that person from diving on my boat. There are reasons that instructions are given and if people tend to ignore those instructions, its there own fault if they get in the ****. You reap what you sow.

True but that in this case would include the DM.

If he had done what he was told, exercised a little common dog **** and made a little effort to swim to the boat, he wouldnt have been in doing the bob for 5 hours.[/

Or has lost all body heat and now is dieing.

 

[Azza]

This is the problem, its the your on the boat role call list that no box.

You will no disagreement from me on that one. I think the DM screwed up big time, no excuses.

Or has lost all body heat and now is dieing.

Lose all his body heat from swimming 150-200 yards?!?!? You gotta be kidding? If he would have lost all his body heat swimming 200 yards to the boat then you can add "Inadequate Exposure Protection" onto the list of things the guy did wrong.

Im not trying to say this is all Drifter Dans fault, im just saying that he has some accountability as well. Yes the DM checked him in when he wasnt, yes the boat captain didnt have a proper procedure in place to effectively check everyone was on board but Dan f**ked up in more ways than one as well.

 

[wolf eel]

Azza Lose all his body heat from swimming 150-200 yards?!?!? You gotta be kidding? If he would have lost all his body heat swimming 200 yards to the boat then you can add "Inadequate Exposure Protection" onto the list of things the guy did wrong.

The point is in HIS mind he could not do the swim for what ever reason he had it just does not matter because he should not have been there. Something like driving with no insurance you are at fault for everything because you should not have been there.

Im not trying to say this is all Drifter Dans fault, im just saying that he has some accountability as well. Yes the DM checked him in when he wasnt, yes the boat captain didnt have a proper procedure in place to effectively check everyone was on board but Dan f**ked up in more ways than one as well.

I tend to agree. But He did nothing wrong to be in the water alone. The only way to have him at any fault would be if he jumped back in after being check out of the water. (on the boat).
Cheers

 

[ironpaw2000]

But He did nothing wrong to be in the water alone.

I disagree because:

1) He is not experienced enough to be diving rigs in 700ft+ water. (24 dives is no where near experienced enough) If he wants to do that, he should have an experienced dive buddy with him who can watch over him.

2) As has been said, he was in a "loose" group. He should have made himself known to the other divers and THEY should have been aware of him.

The question I have and I may have missed this point, but was the dive a lead dive or was it just a surface briefing and go do your own thing type of dive?

Graham Wardell PADI SDI DM