Diver in California Sues for Being Left

[wolf eel]

Azza This guy is a waste of perfectly good oxygen that other people with a little more CDF could be breathing.

ROFL and I agree !!!!!

 

[Potapko]

Another urban legend. See http://www.snopes.com/legal/lawsuits.asp

But Grifting Dan's story could surely qualify as #7

Thanks for the link, good explanation there also as to why it is believed.

I hate getting caught in these.

 

[kfds]

What!?!? He did nothing right! Let’s examine what he did or didn’t do.
5/ He surfaced 150 yards away from the boat and didn’t attempt to swim to it.
6/ Didn’t raise a safety sausage
7/ Didn’t blow on his whistle

From the Orange County Register:
...Carlock's head was sticking out of the water, and he was waving a bright, yellow-green tube.
...He figured he couldn't make the up-current swim and decided to wait, blowing his whistle as loud as he could.
..."I figured when the dive was over, they would realize I was missing and come looking for me," he said. But they never came.

He knew they couldn't hear or see him. He didn't think he could swim the 400+ feet against the current. He knew they would come get him.

 

[kfds]

Now what did the DM do wrong?
1/ Let him on the charter in the first place.
2/ Signed him in when he clearly wasn’t.

Uhhh... you forgot the WORST part. The DM checked him back out at the next dive site. And it was not until the group surfaced at the other site, that the DM reported him missing. They called for the search at the wrong site.

How is this not the DM's fault (and unfortunately the Captain by association)?!?

The diver could have done everything wrong through incompetance, bad luck, or even on purpose, there is no excuse for a diver to be left behind.

 

[DEEPLOU]

All I am saying is that he is a cheeky prick for bringing this lawsuit against the captain and LDS. They have already had a lawsuit against them from the authorities. They got their punishment. Now what makes this guy think he has the moral and ethical right to bring a lawsuit against them when he made more mistakes than them.
I agree that he should never have been left behind but he didnt even bother to help himself for christ sakes. This guy is a waste of perfectly good oxygen that other people with a little more CDF could be breathing.
Regards
Azza

Next time you get left out in the open ocean see how you feel!

 

[wolf eel]

kfds From the Orange County Register:
...Carlock's head was sticking out of the water, and he was waving a bright, yellow-green tube.
...He figured he couldn't make the up-current swim and decided to wait, blowing his whistle as loud as he could.
..."I figured when the dive was over, they would realize I was missing and come looking for me," he said. But they never came.

He knew they couldn't hear or see him. He didn't think he could swim the 400+ feet against the current. He knew they would come get him.

I had never heard any of this. How could anybody blame Carlock. The DM is at fault and if this is true then Carlock did everything right. But had the DM did his 1 job he would not have needed to do any of this as he would be sitting on the boat in the fog with the other divers. The point of the CDF was funny but I hear that alot from a guy who thinks that about a lot of people( I am back paddling here a little) in Mr Carlocks case the DM is the one who is using up the good 02 maybe that was the problem he was lacking 02 in the brain and that is how he was so confused when it came time for role call.

 

[MaxBottomtime]

Don't believe everything you read in the paper. Dan hardly did everything right. He failed to follow the dive briefing instructions, his OW training including buddy seperation protocals and declined to make an effort to swim to the boat. The other divers on the trip seemed to be able to "fight" the raging current.

 

[wolf eel]

kfdsFrom the Orange County Register:

Is this not the police register?

Dan hardly did everything right. He failed to follow the dive briefing instructions, his OW training including buddy seperation protocals and declined to make an effort to swim to the boat.

My only point is that the DM also failed to do his job and that is the only reason for him to be doing the BOB. I feel for the capt of this boat as it has cost him dearly.

 

[MaxBottomtime]

The Orange County Register is the local newspaper.
http://www.ocregister.com/

The screwup by the DM caused the search to be conducted at the wrong site. Dan was already lost in the fog doing the Bob long before the DM did his first bad roll call. If the DM had done a perfect job and the captain had double-checked his work, Dan would still have been drifting away. They may or may not have been able to find him if they hadn't messed up. The point is that the DM and his shop will likely pay for not realizing Dan was missing, Captain Ray has already paid with the suspension of his license but may still face monetary damages, but the fact remains that due to his own mistakes, Dan was lost at sea while other divers on the trip were still in the water at the first site. He has never taken any responsibility for these mistakes and instead has publically blamed everyone else and now is trying to get rich off of them.

 

[wolf eel]

MaxBottomtime The Orange County Register is the local newspaper.

He has never taken any responsibility for these mistakes and instead has publically blamed everyone else and now is trying to get rich off of them.

I do not agree with him getting rich but that is the way the world turns not just Mr Carlock. I agree he himself is a bit of a dumb *** for not doing his part ! But he had no real training and that should have been noticed by the DM when he was gearing up.

Now did any of what the newspaper said true at all ? I thought it was a different form of Register police reports or something the paper is often wrong I agree.
I still feel though he had no reason to be doing the BOB if any of the above in that article is true because he was left behind on two dives not one, that could have been really bad had the fog set in any thicker. He could have been run over by the boat it happens. He can not admit guilt of any kind even if he feels some his lawyer has told him that. I agree again and think that sucks and I would not do this.

I would however expect something would you not ? Like making the DM swim behind the boat for an hour in the fog I would expect something in return even for myself after the fourth hour I think I would have been taking pictures of myself with notes on my slate and again I would have had a laugh and took some of my fins and such. That is a long time in the ocean alone.

The dive group failed the procedure of a dive buddy system completley and that too contributed to his being left but that again goes back to the DM and him not doing his job.