Diver in California Sues for Being Left

[MaxBottomtime]

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.

Nobody has said that the crew was not at fault for leaving him at the first site and making a terrible roll call. They are, and will likely pay for their mistake. All I'm saying is that Dan caused the BOB by his own actions. It is not the crew's fault that Dan seperated from the other divers. It is not the crew's fault that Dan continued to dive for 15-20 minutes without remaining under the rigs. It is not the crew's fault that Dan surfaced away from where all the divers were instructed to do so. It is not the crew's fault that Dan surfaced, saw the boat and decided to float away, expecting the boat to come for him. It is not the crew's fault that Dan was able to get skin cancer while in a full wetsuit and hood while mostly submerged during a foggy morning. It is not the crew's fault that Dan refuses to take responsibility for his own actions. If I sat on the jury, based on evidence presented I would likely find the DM 60% responsible and Dan 40%. I would then vote to award damages based on actual loss. This would include Dan's medical bills, if they are found to be real and caused by the minimal exposure he had that day. I would consider damages for the time spent in the water, but again I would have to consider 40% of that being his own fault. And for Azza,

 

[scubasean]

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

Dead horses are all around, in this thread...heh

 

[CHUD]

All I'm saying is that Dan caused the BOB by his own actions. It is not the crew's fault that Dan seperated from the other divers...

You almost had me convinced with your last post, Max, but then you posted the above. You seemingly can not or will not see the distinction that Dan would have been left behind regardless of how he got separated and instead keep trying to assign responsibility to him for setting the stage for what the DM didn't do. By that tortured logic, I guess we could ultimately blame the boat manufacturer for building the vessel they were all diving from. Or maybe Jacque Cousteau for inventing SCUBA. Or whoever first realized oil could burn, because that inexorably led to the rigs being built and thus providing an attractive dive site. Let's ignore the fact that your pals screwed up and instead find a way to blame anyone else anywhere else along the causal chain.

Dan screwed up 17 ways from Sunday but at the end of the story it's the DM's fault for leaving him. Period.

 

[MaxBottomtime]

You almost had me convinced with your last post, Max, but then you posted the above. You seemingly can not or will not see the distinction that Dan would have been left behind regardless of how he got separated and instead keep trying to assign responsibility to him for setting the stage for what the DM didn't do. By that tortured logic, I guess we could ultimately blame the boat manufacturer for building the vessel they were all diving from. Or maybe Jacque Cousteau for inventing SCUBA. Or whoever first realized oil could burn, because that inexorably led to the rigs being built and thus providing an attractive dive site. Let's ignore the fact that your pals screwed up and instead find a way to blame anyone else anywhere else along the causal chain.

Dan screwed up 17 ways from Sunday but at the end of the story it's the DM's fault for leaving him. Period.

As I've said in nearly every post I AGREE THAT IT IS THE CREW'S FAULT FOR LEAVING DAN! There is no excuse for that. The DM messed up the roll call, twice! All I'm saying is that Dan played a part in his disappearance. If you believe that he did everything correctly, fine, but I don't think it's worth four million dollars when he won't accept even one bit of the blame. It's not just on the advice of his lawyer either, although I'm sure he's been told not to say anything. He began blaming everyone else during his first interwiew. Also, how can you believe that Dan did not cause the BOB? He was floating away in the fog long before the other divers finished the first dive.

 

[wolf eel]

MaxBottomtime It's not just on the advice of his lawyer either, although I'm sure he's been told not to say anything. He began blaming everyone else during his first interwiew. Also, how can you believe that Dan did not cause the BOB? He was floating away in the fog long before the other divers finished the first dive.

He may have but the fact remains he was left alone at sea and that is the only part of the law suit that I agree with. Only because its a big open ocean. Besides 24 dives does not give a guy experience but a wee bit of knowledge and as we all know when not used right that can get you killed. Or left at sea which ever comes first.

 

[mike_s]

Without reading the other 200 posts on this...... I read last night that the Capt. of the boat agreed with the Coast Guard for a 1 month suspension of his Coast Guard Capt License. (not sure if this is anywhere in the other 200+ posts or no, so if it is... didn't mean to repeat).

 

[kfds]

If I sat on the jury, based on evidence presented I would likely find the DM 60% responsible and Dan 40%. I would then vote to award damages based on actual loss. This would include Dan's medical bills, if they are found to be real and caused by the minimal exposure he had that day. I would consider damages for the time spent in the water, but again I would have to consider 40% of that being his own fault.

I think Max has it right. This, I can agree with!

 

[Groundhog246]

Have you ever sat on a jury and been appraised of the idea of 'punitive damages', designed to punish the offender (in this case the DM, charter operator, captain) and 'encourage' them and others, not to repeat their mistake? And the judge gets the final say on damages.

 

[MaxBottomtime]

Have you ever sat on a jury and been appraised of the idea of 'punitive damages', designed to punish the offender (in this case the DM, charter operator, captain) and 'encourage' them and others, not to repeat their mistake? And the judge gets the final say on damages.

Yes, five times.

 

[Night Diver]

Have you ever sat on a jury and been appraised of the idea of 'punitive damages', designed to punish the offender (in this case the DM, charter operator, captain) and 'encourage' them and others, not to repeat their mistake? And the judge gets the final say on damages.

Punitive damages are not available in California (or anywhere else that I know of) for negligence. They are available only for so-called intentional torts. So since even Dan the Man is not alleging that he was left behind on purpose, punitive damages really should form no part of this discussion.

Now if we can just get back to flogging the horse, only 182 more posts to satisfy my prediction that we all are doomed to read 300 more posts on this topic.