"Drifting Dan" Carlock wins $1.68 million after being left at sea

[bowlofpetunias]

Hmmmm.. you know .. come to think of it you are right.. they always seem to notice me when I dive around Christmas .. could have something to do with my Holiday Gear

Sorry I will stop the now.. the devil made me do it

 

[drbill]

What he said, although Madison is the most well known scuba related release case. Just rtecently, court held that Cataline Scuba Luv's release was ineffective to release claims of wrongful death or negligence because a caption released claims for rental of equipment for "boat dives and multiple day dives." the decedent only rented for one day, which the release didn't technically cover. Not Ass. of the Risk, but still instructive...

Just goes to show IMHO that lawyers and the courts can twist anything to their advantage. SCUBA Luv is my home shop and I found this case to be rather absurd!

I like how many are so willing to ignore the fact that they signed him in TWICE when he was NOT there either time.

I agree with this. However, the factors associated with the diver's actions contributed to his being left behind as well. Certainly a failed check in/check out system is a major "boo boo" (Happy Halloween!), the blame for which I still place primarily on the chartering group's DM.

 

[Mike Boswell]

An earlier post noted that this award will not be paid by the defendants, or even by their insurance companies. The costs will simply be passed on to the consumer (divers) as all business costs must be.

IMHO it was Dan's job to get himself back to the boat, and it was the boat's job to stay there until he did. They both messed up, but neither of them will pay.

You and I will pay.

 

[Leejnd]

An earlier post noted that this award will not be paid by the defendants, or even by their insurance companies. The costs will simply be passed on to the consumer (divers) as all business costs must be.

IMHO it was Dan's job to get himself back to the boat, and it was the boat's job to stay there until he did. They both messed up, but neither of them will pay.

You and I will pay.

So you don't think that Dan paid already, by spending four of the most horrific hours I could even imagine?

 

[Zippsy]

The longest I or anyone I personally know have spent floating off to nowhere was about an hour - admitedly far short of four hours. I know I felt angry but the I can't really say it ever occurred to me that I would not eventually get to land or the boat safely. "Horrific"? Is that really what he thought or is that your fear?

 

[doctormike]

The longest I or anyone I personally know have spent floating off to nowhere was about an hour - admitedly far short of four hours. I know I felt angry but the I can't really say it ever occurred to me that I would not eventually get to land or the boat safely.

Really? You were drifting in current in the open ocean with no boat in sight, but you knew that sooner or later that you would be picked up? Wow, that's optimistic! I don't know if I could have convinced myself of that...

 

[udtfire]

brings up a good point are you ready to survive????
when ocean diving i carry an sos pack( survive on the sea) water signal device light reel and power tabs call me crazy untill were lost and your my buddy lol have a good yuk on me lol all be safe see you in the water

 

[merxlin]

Given the proximity of the rigs to the So Cal shore, time of day, his exposure protection and an almost full tank (less 15 minutes) of air, the heavy boat traffic in that area, and the resources available to look for him, I think imminent death at sea was not exactly his only option. I would have been pissed, but I don't think (and hopefully will never know for sure) that I would have been making my peace with the universe until closer to sundown.

Left off Wolf or Darwin, or Hawaii, or any other area that is legitimately "in the middle of the ocean" and that is a different story.

 

[ChrisM]

Just goes to show IMHO that lawyers and the courts can twist anything to their advantage. SCUBA Luv is my home shop and I found this case to be rather absurd!
.

Total hijack, Bill, but from a legal perspective, the ruling wasn't absurd. It only said that the release wasn't effective because it didn't cover the specific activity undertaken. Law 101 states that if you want to rely on a release, make sure it covers what you are doing. Didn't day that CSL was liable or negligent. Lesson is if you are going to rely on a waiver as a legal defense, it better be properly drafted, which this one wasn't. Live by it, die by it, etc. Had it covered single day rentals, the case would have been dismissed. I bet it is proper now

Hijack off

 

[idocsteve]

Given the proximity of the rigs to the So Cal shore, time of day, his exposure protection and an almost full tank (less 15 minutes) of air

I don't understand this part of your post for two reasons

1- What does the amount of gas left in his tank have to do with him being rescued
2- If the tank is almost full then it's got more than 15 minutes of gas left