Leeann, you seem to have most of your facts right, but not all. I don't think any of us as divers would appreciate the way this was handled, but getting away from the legality, do you fault the captain, or in this case the dive shop that chartered the boat and supplied the crew? I believe you work on a boat here in So Cal. Does your captain do the roll calls, or get his information from his crew? I don't think anyone is excusing the shoddy roll call procedure, but lets lay blame where it belongs. Lets also be fair and note that since that incident 6 years ago, the procedure has changed for the better on this boat at least. I can't say that is true for every boat I've been on.
First, let me clear up the facts about my "work" on a dive boat (which they'd laugh at if they read this
) : I don't actually work on the boat. I volunteer to help in the galley - we jokingly refer to me as the "guest galley wench". I'm friends with one of the regular DM's, and have become good friends with the boat owner. I'm a sailboat owner, with experience cooking in small, cramped galleys at sea, so I volunteered to help them out with the food, which I do on occasion. I do not get paid.
That being said, I also want to say that I really have not waded into the discussion about who, between the captain, the dive boat owner, and the dive shop, should be considered to "blame". That's because there are elements of the law with respect to assigning legal culpability, that I do not know or understand.
But I will say that my personal opinion, as a private citizen and a local diver, and based on what I know about the case (which admittedly is not everything), I feel that the captain should NOT be personally held financially responsible. Given the situation on that day - the fact that the DM did not report to the boat, the "hot drop", etc - the captain should not be held liable at all. But again, I'm NOT an expert in the intricacies of the law surrounding this.
I also want to say that I would not hesitate to dive on the SunDiver today. What happened was, as I said earlier, a cluster-f*** of things that went wrong. And there were circumstances then that don't apply now (e.g. SoCal dive boats these days use their own DMs, not just providing taxi services to charters with their own DMs). And, this case (and others) I believe have led to more meticulous roll-call practices.
As for what I see on the boat that I help out on - the captain is always down on deck during the dives. He is intimately involved in helping out, in watching the water, in verifying that the roll-call is done properly. He doesn't go back up to the cockpit until he sees that every diver is aboard. And the DMs are rigid - they always ensure that they make visual contact with every diver, to the point where they've poked their heads down in the bunk room, and waited till someone came out of the head, before completing the call and declaring us ready to leave.
But keep in mind, we're not doing oil rig dives. We're not doing hot drops. We're at anchor, so how COULD the captain on the boat that day have done this? He couldn't.
As for who I would blame - I lay the blame squarely on whomever checked his name off on the roll call. But does that translate to legal responsibility? A lawyer (which I am not) would have to answer that one.
In the end, we're all safer for this incident, and nobody died. It's a shame that this case went this long, and it's unfortunate that it's going to hurt the dive boat, and the dive shop. I'm sure everyone involved is very sorry it happened. (Except for the lawyers!)