Diver in California Sues for Being Left

[MaxBottomtime]

The DM and one of the "buddies" are both instructors from the shop that chartered the boat. The divers he was trying to catch up with said they each assumed he was with someone else, so that would indicate he was not a part of their buddy team. Therefore, they can not be blamed for deserting him. For better or worse, Dan is advanced certified and had made dives in the current at Fiji. If the shop knew this when he signed up for the trip they would have assumed he would be able to make the dives that day. Allowing divers to take Advanced Open Water with only a couple dozen dives under their weightbelt is to blame for divers believing they are more advanced than they really are. All it takes to sign up for a trip like this is a C-card and cash. In a perfect world, shops would ensure that everyone who signs up for a trip is capable of handling the situations that may come up. In the real world, however Dan should have been responsible for his own actions and decision to make the dive. I agree that the crew is responsible for leaving Dan behind and worse yet checking him back in the water at the Ace One, however those actions only exacerbated the situation caused by Dan's errors and refusal to swim back to the boat. The newspaper article makes it sound as if there was a strong current, but I doubt that the Captain would allow anyone in the water ten miles offshore if that were true. Also, the other divers would have struggled to get back to the boat as well.

 

[wolf eel]

The fact that they where instructors does not help.

 

[kfds]

Dan can't publicly take any responsibility, for legal reasons (sad statement about our society, but true nonetheless).

The point here isn't that he's sueing because he got separated. He's sueing because he got left behind. A diver should be able to find themselves separated from the group through bad luck, a mistake, ignorance, or complete stupidity and STILL expect that they will not be left behind.

Sorry, but any portion that is Dan's fault (and there's plenty) does not change the fact that he was left behind by the DM, checked out at the next site, and a rescue was called at the wrong site.

 

[kfds]

(double post)

 

[MaxBottomtime]

Dan can't publicly take any responsibility, for legal reasons (sad statement about our society, but true nonetheless).

The point here isn't that he's sueing because he got separated. He's sueing because he got left behind. A diver should be able to find themselves separated from the group through bad luck, a mistake, ignorance, or complete stupidity and STILL expect that they will not be left behind.

Sorry, but any portion that is Dan's fault (and there's plenty) does not change the fact that he was left behind by the DM, checked out at the next site, and a rescue was called at the wrong site.

I agree. The point that has always bothered me was that beginning with the news interviews the day after the incedent and the Today Show interview two days later Dan has always blamed everyone else for his own mistakes. This month's Reader's Digest story even alleges that when Dan surfaced he saw the boat leaving. Pretty amazing, considering he was one of the first divers off the boat and was only underwater for about fifteen minutes. With seventeen divers onboard it would have taken ten minutes or so until the last diver was off, then they would have to swim to the rigs (boats are not allowed to get close) followed by 45 minutes to an hour dive. The last diver up would then have to swim back to the boat, the crew would pull up the dive ladder and any lines out, then the DM would make the first of his bad roll calls. Dan had a minimum of one hour, possibly two before the boat left the area. Any effort on his part and this mess would have never happened. In California we have a comparative negligence rule, whereby if negligence by more than one person is found in this case, then at least as a legal matter the blame and the damages will have to be apportioned according to the degree of fault. I'm not sure how much, if any of the fault will be applied to Dan.

 

[pasley]

Maxbottom time. I have looked at the logic of your post and you have a very valid point. I agree with your logic.

My memory of his initial interviews include his statement that he saw the boat, but figured (incorrectly) that they would come and get him. The result, he made no effort to swim over to it. By not attempting to swim to the boat he also made no effort to retard his drifting with the current as much as possible by swimming against the current toward the boat.

 

[wolf eel]

pasley Maxbottom time. I have looked at the logic of your post and you have a very valid point. I agree with your logic.

My memory of his initial interviews include his statement that he saw the boat, but figured (incorrectly) that they would come and get him. The result, he made no effort to swim over to it. By not attempting to swim to the boat he also made no effort to retard his drifting with the current as much as possible by swimming against the current toward the boat.

I think we all agree on the logic of what is being said. The problem is the logic in the court system. The other problem is this, if you are doing the BOB and you think the boat is going to come and get you then it is a waste of time for you to swim (that in itself in dive gear is hard to do) to the boat. Heres another thought is it not better to keep eye contact ? something like a life guard who starts to swim and loses sight of the victim and they drown. He would have lost all sight of them had he started to swim. What about the whissle and the tube. 2 hours to off load and 1 hr in the water 2 hrs to load onto the boat and whatever it takes to get to the other dive site and then 2hrs to get in and so on that meams it would take 10 hrs to do two dives. We have not taken in the time to get to the dive site and leave so thats a twelve hr day for two dives.

Again if you think you are about to be picked up and then the boat leaves then what are you to do. Say stop back up and now I know you are not coming to get me I will swim over to you.

 

[MaxBottomtime]

I think we all agree on the logic of what is being said. The problem is the logic in the court system. The other problem is this, if you are doing the BOB and you think the boat is going to come and get you then it is a waste of time for you to swim (that in itself in dive gear is hard to do) to the boat. Heres another thought is it not better to keep eye contact ? something like a life guard who starts to swim and loses sight of the victim and they drown. He would have lost all sight of them had he started to swim. What about the whissle and the tube. 2 hours to off load and 1 hr in the water 2 hrs to load onto the boat and whatever it takes to get to the other dive site and then 2hrs to get in and so on that meams it would take 10 hrs to do two dives. We have not taken in the time to get to the dive site and leave so thats a twelve hr day for two dives.

Again if you think you are about to be picked up and then the boat leaves then what are you to do. Say stop back up and now I know you are not coming to get me I will swim over to you.

"I think we all agree on the logic of what is being said. The problem is the logic in the court system."

In our court system the blame can be shared by multiple parties. I believe Dan shares a good portion of the blame.

"The other problem is this, if you are doing the BOB and you think the boat is going to come and get you then it is a waste of time for you to swim (that in itself in dive gear is hard to do) to the boat. "

He was wrong to assume the boat would come and get him. He should have been able to take care of himself, otherwise he should have taken up golf instead. As far as swimming in dive gear, most people do it every day. Most of my shore dives involve a longer swim than Dan had to make.

"Heres another thought is it not better to keep eye contact ? something like a life guard who starts to swim and loses sight of the victim and they drown. He would have lost all sight of them had he started to swim. What about the whissle and the tube. "

It would take very little effort to swim on your back, occasionally looking to see where the boat or rigs are. He stated that he blew his whistle, but couldn't be heard over the noise of the boat and rigs. His tube wasn't seen until the Boy Scouts found him. I don't know when he deployed it, but in the pictures he took of himself it was not out.

"2 hours to off load and 1 hr in the water 2 hrs to load onto the boat and whatever it takes to get to the other dive site and then 2hrs to get in and so on that meams it would take 10 hrs to do two dives. We have not taken in the time to get to the dive site and leave so thats a twelve hr day for two dives."

It only takes 10-15 minutes to offload the boat. Add to that an hour or so before the last diver is onboard and a few minutes to secure the boat and make a roll call. From the rigs it takes about twenty minutes to reach the Ace One. Figure in a surface interval, another dive and an hour ride back to Long Beach and your looking at a six-seven hour trip.

 

[wolf eel]

MaxBottomtime I agree. The point that has always bothered me was that beginning with the news interviews the day after the incedent and the Today Show interview two days later Dan has always blamed everyone else for his own mistakes. This month's Reader's Digest story even alleges that when Dan surfaced he saw the boat leaving. Pretty amazing, considering he was one of the first divers off the boat and was only underwater for about fifteen minutes. With seventeen divers onboard it would have taken ten minutes or so until the last diver was off, then they would have to swim to the rigs (boats are not allowed to get close) followed by 45 minutes to an hour dive. The last diver up would then have to swim back to the boat, the crew would pull up the dive ladder and any lines out, then the DM would make the first of his bad roll calls. Dan had a minimum of one hour, possibly two before the boat left the area.

Thats what I was talking about. i find it funny that you would hold me accountable becaue you left me floating and you then check me out at another dive and then after that dive you realize I am not on the boat. You are to blame nobody else. If you had just figured I was not in the group and you had to look for me then all cost to the other divers lost dive I would have to cough up but that did not happen. You left me floating for two dives. I know the Capt is a friend and I commend you but to save face except the fact that he was left at sea and that is all. Even if he is leiing prove it. You can't why because he was check in and out for two dives while doing the BOB at another dive you forgot him at. YOU being the boat not you as in Maxbottomtime.

 

[Azza]

Now where the hell is that little guy beating the dead horse...