Diver in California Sues for Being Left

[pilot fish]

The guy was on a charter. He dove, and the crew did not even know they left him.

The Mocking crew IMO is Full of it. Even if he was the worst diver on the planet, it does NOT excuse the mistake. How hard is it to keep track of people, IMO not very.

If the guy was dead they would be in some serious junk. As it is, expect a BIG settlement.

Ron

No question, he should not have been left behind. Question, it seems he was only down a few minutes, so where was the boat? Why did the boat leave that location so quickly, is the bigger question? That could nail the captain. Was it a drift dive? We really don't know EXACTLY why he was left.

 

[MaxBottomtime]

You seem to believe that the diver was at fault. If so how?

If YOU were left at sea, what would your viewpoint be?

Ron

The point that irks me the most is the fact that when he finally surfaced after 10-20 minutes alone he could see the boat and rigs. Rather than swimming to the boat, he decided to inflate his BC and hope the boat would come for him. With other divers still in the water, the boat would have to leave the area to look for Dan down current. I was in a similar situation once at the same rigs. I was the last diver in the water. When I surfaced at the agreed location the boat was gone. I saw the stern of a boat a mile or so away heading back to the harbor. Knowing that there were a few men working the rigs, I began climbing the ladder so I could call the boat on the VHF. Before I reached the top of the ladder I heard the DM calling me. One diver failed to follow procedures and surfaced downcurrent from the rigs. They had to leave me to go pick her up. Was I mad? NO. Did I get cancer? NO. Did I consider suing? NO. The DM and I swam to the boat and we headed for our next dive site. The only thing that went wrong that day was a diver who couldn't follow simple instructions.
Everyone agrees that the DM screwed up big time and the captain is ultimately responsible for the actions on his boat, but believing that Dan didn't instigate this incident at all and then try to blame everyone else is rediculous. The only sad part about this is the fact that nothing happened to the DM. He should be held responsible for his actions. The captain has already served a suspension of his ticket over this. Dan has made the media rounds blaming everyone but himself and now wants to hit the jackpot. I'd love to sit on that jury, if it gets that far.

 

[pilot fish]

The point that irks me the most is the fact that when he finally surfaced after 10-20 minutes alone he could see the boat and rigs. Rather than swimming to the boat, he decided to inflate his BC and hope the boat would come for him. With other divers still in the water, the boat would have to leave the area to look for Dan down current. I was in a similar situation once at the same rigs. I was the last diver in the water. When I surfaced at the agreed location the boat was gone. I saw the stern of a boat a mile or so away heading back to the harbor. Knowing that there were a few men working the rigs, I began climbing the ladder so I could call the boat on the VHF. Before I reached the top of the ladder I heard the DM calling me. One diver failed to follow procedures and surfaced downcurrent from the rigs. They had to leave me to go pick her up. Was I mad? NO. Did I get cancer? NO. Did I consider suing? NO. The DM and I swam to the boat and we headed for our next dive site. The only thing that went wrong that day was a diver who couldn't follow simple instructions.
Everyone agrees that the DM screwed up big time and the captain is ultimately responsible for the actions on his boat, but believing that Dan didn't instigate this incident at all and then try to blame everyone else is rediculous. The only sad part about this is the fact that nothing happened to the DM. He should be held responsible for his actions. The captain has already served a suspension of his ticket over this. Dan has made the media rounds blaming everyone but himself and now wants to hit the jackpot. I'd love to sit on that jury, if it gets that far.

Max, did the diver have any signaling devices, mirror, whistle and dive saysage?? If not, a case could be made that he was negligent in not having those items, since it is a distinct possiblity that one could be left behind, or surface a distance from the boat. Should he have been left? NO! but it seems he was also at fault to some degree. I split the blame 3 ways

 

[MaxBottomtime]

No question, he should not have been left behind. Question, it seems he was only down a few minutes, so where was the boat? Why did the boat leave that location so quickly, is the bigger question? That could nail the captain. Was it a drift dive? We really don't know EXACTLY why he was left.

The initial report stated that he was down 10-20 minutes. He surfaced far down current from the point where all the divers were instructed to meet. It's not difficult to go the the SE leg of an oil rig, or whichever one was the ascent/descent point. Anchoage is not allowed at these rigs, so the boat stays upcurrent and when enough divers have surfaced, the boat moves closer to the rigs, then the divers swim to the boat. Dan surfaced down current from the boat, where he was not seen. Although he stated that he could still see the boat in the fog, he decided to float until they came for him rather than swimming to the boat. Because there were other divers in the water, the boat likely was still there for up to an hour while Dan was drifting away. The DM made his roll call once the other divers were onboard. We don't know if someone else answered for Dan, but the DM logged him onto the boat and told the captain everyone was onboard. The worst part of this story for me was that the DM also logged Dan off the boat at the second site. To me, that was the biggest offense of the day. Of course, none of this would have happened if Dan had followed a few simple rules, and even after breaking them, would have just swam to the boat.

 

[pilot fish]

The initial report stated that he was down 10-20 minutes. He surfaced far down current from the point where all the divers were instructed to meet. It's not difficult to go the the SE leg of an oil rig, or whichever one was the ascent/descent point. Anchoage is not allowed at these rigs, so the boat stays upcurrent and when enough divers have surfaced, the boat moves closer to the rigs, then the divers swim to the boat. Dan surfaced down current from the boat, where he was not seen. Although he stated that he could still see the boat in the fog, he decided to float until they came for him rather than swimming to the boat. Because there were other divers in the water, the boat likely was still there for up to an hour while Dan was drifting away. The DM made his roll call once the other divers were onboard. We don't know if someone else answered for Dan, but the DM logged him onto the boat and told the captain everyone was onboard. The worst part of this story for me was that the DM also logged Dan off the boat at the second site. To me, that was the biggest offense of the day. Of course, none of this would have happened if Dan had followed a few simple rules, and even after breaking them, would have just swam to the boat.

If the boat was upcurrent how coud he have made the boat swimming against the current in a fog? Did he have a whistle at least?

 

[MaxBottomtime]

If the boat was upcurrent how coud he have made the boat swimming against the current in a fog? Did he have a whistle at least?

He surfaced 400 feet downcurrent. He blew his whistle, but at that distance it couldn't be heard over the compressor and engines. Even if he was unable to swim against the current, which was not too strong or divers would not have been allowed in the water to begin with, he could have at least made up some distance or remained within sight of the boat.

 

[CHUD]

I'm trying to point out that there seems to be enough blame and liability to go around. It's too easy to JUST blame the Captain and TOTALLY exonerate the diver. I'm just not prepared to do that without all the facts. The diver was left behind, that is a fact, but WHY he was left behind, and what part HE played in that, has to be determined in a court of law, which is why they have trials.

And my point is that the diver is completely blameless. If the DM had done his job they would have known he was missing and they would have searched for him at the first location instead of moving the boat, checking him OUT, and then finally realizing he was missing and searching the wrong area.

I agree that the diver completely screwed the pooch with his own actions, but I think it's irrelevant. He could have been TRYING to get lost and done everything he could to make sure nobody knew where he was -- including diving straight to the bottom -- and it still wouldn't have been his fault for the boat leaving him behind. Check-in procedures are there for the divers' protection -- sometimes from their own stupidity.

 

[scubasean]

Insurance companies are not named in the action but provide the insured with indemnity when you are sued. IOW, they will pay the bill when you screw up.

Which is what I said...although less directly...I was responding to a guy who said the ins. co. would be named.

 

[DEEPLOU]

Quote:
Originally Posted by pilot fish
I'm trying to point out that there seems to be enough blame and liability to go around. It's too easy to JUST blame the Captain and TOTALLY exonerate the diver. I'm just not prepared to do that without all the facts. The diver was left behind, that is a fact, but WHY he was left behind, and what part HE played in that, has to be determined in a court of law, which is why they have trials.



And my point is that the diver is completely blameless. If the DM had done his job they would have known he was missing and they would have searched for him at the first location instead of moving the boat, checking him OUT, and then finally realizing he was missing and searching the wrong area.

I agree that the diver completely screwed the pooch with his own actions, but I think it's irrelevant. He could have been TRYING to get lost and done everything he could to make sure nobody knew where he was -- including diving straight to the bottom -- and it still wouldn't have been his fault for the boat leaving him behind. Check-in procedures are there for the divers' protection -- sometimes from their own stupidity.

I don't agree that the diver

completely screwed the pooch with his own actions,

.

But I do agree:

that the diver is completely blameless

(for being left behind.

Originally Posted by pilot fish
I'm trying to point out that there seems to be enough blame and liability to go around.

Hypothetically: if the diver totally screwed up and never surfaced, DOA on bottom, and the boat went back to the dock w/o ever realizing the diver was missing; you are saying that some blame goes to the diver for never surfacing that the boat never missed him?

 

[Dive Junky]

$4,000,000 Huh. For what? This keeps up none of us will be able to afford diving any more.