Diver in California Sues for Being Left

[CHUD]

I am sorry but there is NO excuse for a sport diving boat to leave divers in the water. Well actually there is ONE but in that case the captain is swimming with ALL of the divers because the boat sank.

What ever happened to responsibility?
The CAPTAIN is responsible for EVERYTHING that happens on his vessel.

There is a very vocal group of divers out here in SoCal (including a prominent LDS owner) who mock this guy mercilessly (they call him "Drifting Dan") and who swear up and down that the entire incident was the diver's fault. Granted, he didn't surface immediately on having equalizing issues and drifting away from the oil rigs at depth, but I don't think that excuses the dive operation at all for checking him in when he was still in the water and then moving the boat and checking him OUT at the next dive site! But this vocal group refuse to acknowledge that and insist he is completely to blame. Unbelievable.

 

[cdiver2]

There is a very vocal group of divers out here in SoCal (including a prominent LDS owner) who mock this guy mercilessly (they call him "Drifting Dan") and who swear up and down that the entire incident was the diver's fault. Granted, he didn't surface immediately on having equalizing issues and drifting away from the oil rigs at depth, but I don't think that excuses the dive operation at all for checking him in when he was still in the water and then moving the boat and checking him OUT at the next dive site! But this vocal group refuse to acknowledge that and insist he is completely to blame. Unbelievable.

I don't care how stupid the diver is (in some peoples eyes) the fact is the boat moved to another location WITHOUT HIM Capt's fault. Had he drifted and they new he was not on board then spent five hours looking for him, divers fault.

I don't care if it was not the boats DM the capt accepted this person (DM) to do the job his way Capt's fault.

If the DM had given the capt directions to a dive site and the boat hits a reef and sinks guess what.... Capt's fault.

 

[SteveDiver]

There is a very vocal group of divers out here in SoCal (including a prominent LDS owner) who mock this guy mercilessly (they call him "Drifting Dan") and who swear up and down that the entire incident was the diver's fault. Granted, he didn't surface immediately on having equalizing issues and drifting away from the oil rigs at depth, but I don't think that excuses the dive operation at all for checking him in when he was still in the water and then moving the boat and checking him OUT at the next dive site! But this vocal group refuse to acknowledge that and insist he is completely to blame. Unbelievable.

Both parties are to blame IMO more the diver then the LDS. Each is accountable for their own actions. 1-the diver should have aborted his dive after not being able to equalize, by not aborting the diver made a grave and stupid mistake. 2- The LDS failed to do a proper head count/role call which is also a grave and careless mistake. What is irritating is the ridiculus accusation from the diver regarding skin cancer after 5 hours! this is impossible and will be thrown out of court. If my buddy cannot equalize I wait until he can equalize and if not I abort the dive with my buddy or if with a group I ask the group to wait at the line while I go up with my buddy to ensure that he gets back on the boat. Then I will rejoin the group at the anchor point. Now, if I descend and the group left me I would ascend and abort the dive. Yes, the LDS should be slapped real hard with a lawsuit to ensure that this does not happen again. Leaving someone behind is a scary thought. It is also scary on how incompetent and careless the diver and divebuddy were in this endeavour. There is no excuse for either of them.

 

[pilot fish]

You're probably right, somones insurance company will cough up a million of the four to settle the case out of court. Koepke will probably get between 30% and 50 % of that for filing the suit and accepting the settlement.

Settlement only occurs if the defense thinks the plaintiffs case is very strong and it's reasonable to assume they will get a higher amount at verdict than what is offered. The plaintiffs will settle for a reasonable offer rather than shoot the dice on a jury verdict and reversal on appeal. I don't see this case settling since it seems kind of obvious that there is contributory negligence on the part of the diver and assumed risk.

 

[DennisW]

I don't care how stupid the diver, there is no excuse for leaving someone at the dive site. Head counts are a joke and in my opinion, if that is the policy, then the operation should be charged with gross negligence. Roll calls work. Repeat, roll calls work. I don't know the exact details of this situation, I don't have to. Leaving a diver is gross negligence, period.

 

[Deepseabob]

As a licensed Boat Captain I can tell you there is absolutley no excuse for leaving a Diver behind! Here in Guam that has happened a couple of times with one of the larger dive operators here which was always on my mind when I was driving a dive boat. I would personally count each head to insure everyone I had come out with, was going back with me. And as a Coast Guard Search and Rescue Controller I can also tell you that if this guy hadn't been sighted by the boy scout on the sailing vessel, the odds he would have been found at all by a search that was initiated 5 hours late and many miles away from where he was actually missing were slim to none.

 

[cdiver2]

At last a few voices of reason UP, DW and DSB I would dive with you guys any time

 

[DEEPLOU]

After reading through this thread, for the most part I have to agree:

I don't care how stupid the diver, there is no excuse for leaving someone at the dive site.

For the situation cited in this thread, fully agree.

I did hear of a situation on east coast couple of years ago where someone was left behind, but from what I heard, the person never signed in on the boat, so when roll call was made, he was never called, ergo: never missed. This is no excuse either as crew should be positive all have signed in before leaving the dock.

Yet another situation: after second dive it was realized that a diver had not checked in, and was feared lost. A check of another boat tied in on the same wreck revealed he did not come up on the other boat by accident. Fearing they had a casualty in the water a further check of all divers and gear on the boat revealed that there was no extra gear (that would have belonged to the "missing diver").
Long story short, the diver was part of a LDS group that gave the boat a list of divers on board, but this one fella never made it to the boat! (but how did he get checked in after the first dive?)

As to litigation: If I were left behind, (not as result of boat breaking free) I would be looking to sue somone! (and I am not litigation happy).
As for the skin cancer, perhaps emotional distress is not basis for damages in neglegance action in CA.

 

[cdiver2]

And as a Coast Guard Search and Rescue Controller I can also tell QUOTE]

Slightly of topic but given your credentials maybe you could answer a question for me. As the dive industry grows I Think the occurrence of divers being left is also growing. So I recently purchased a PLB working on 406MHz giving Lat & Long and also 121.5 MHz, my question is what are the chances of being rescued in remote places like Yap, Palau and Papua New Guinea.
Thanks for any input.

 

[jbd]

At last a few voices of reason UP, DW and DSB I would dive with you guys any time

Does the diver bear any level of responsibility in your mind?