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It seems that the case has had a significant effect on the way that boats do operate. So he's got his cake and can eat it too."It has been an ordeal," he said as he celebrated at a Newport Beach restaurant with his wife, Anne. "But I wanted to seek changes in the scuba industry. Others will benefit."
Yeah I'm sure it had nothing to do with the payoff, he just wanted to "see the scuba industry benefit".
The dive charters will be paying higher insurance rates and guess who is going to be paying more to step on their boats?
Unless he's going to donate all or part of the settlement (and profits from his TV appearances) towards "better education of dive boat captains".
Somehow I doubt it
4) If, in fact, as Ken maintains, he had surfaced with a safety sausage, 1,100 feet away that would have meant that he submerged at about 9:00. At that range, about goalpost to goalpost on a football field, I would expect a competent lookout with binoculars to have identified a distressed diver waving a safety sausage.
From what I've heard, the fog was quite heavy that day and 1,100' would have put the diver right at the edge of surface visibility. If that's the case, it's rather questionable if they should have been diving this site in the first place (it's notoriously current sensitive).
The lack (or failure) of roll-call is pretty inexcusable. My main issue with the dive itself is Dan's decision to descend while not already inside the rig structure. At least now, that's heavily emphasized during the pre-dive briefings. The boats back in, dump divers, and tell them to first swim into the rig (i.e. underneath the structure sitting out of the water), and only then, descend. If he'd done this, the rest of the story would likely not have unfolded as it did. Regardless of what his teammates decided to do, descending in open water ten miles from shore in a current sensitive area wasn't a good call if his goal was to hit the rig.
but I don't think it's unreasonable for the less-experienced diver to follow the lead of his buddy team.
I would still expect a competent lookout with binoculars to have identified a distressed diver waving a safety sausage at a range of < 1,100 feet when the reported visibility was 1/4 mile (1,320 feet). It does not sound like such a lookout was posted, there was just the usual DM milling about.
Perhaps, but (like most diving accidents) there was a chain of failures ... some on the part of the diver, some on the part of the boat. The boat failed to select a better site given the poor conditions. The boat failed to post a competent and properly equipped lookout. The boat failed to discern that a diver was missing before departing to the next dive. The boat recorded the missing diver as having entered the water at the second dive site. The boat recorded the missing diver as having reboarded at the second dive site. That's pretty damning stuff, considering that the boat is supposed to be run by pros, even though the diver made a series of stupid amateurish mistakes.