DSD Fatality suit. Brooks v. PADI

[chillyinCanada]

None of that seems to be the true issue, as I read the case. They've thrown everything at the kitchen wall but what shall be beefed up will likely be the no reading material provided containing nor training on compressed air, cause and danger of barotrauma, as per the decedent "took his first breath of compressed air . . .".

 

[wetb4igetinthewater]

no

I reread point 15 and see it was about the development of the DSD experience versus how it was conducted.

 

[Louisville Diver]

I find it strange, or telling, that while the claim makes much of PADI having set what it states are “reckless” instructor-to-customer ratios and on the 40’ limit allegedly being much more dangerous than 30’, it does not seems to go on to argue or demonstrate that either of these things was a factor in the decedent’s death.

All the claim says on the actual death is that the decedent was with two other non-divers and one instructor, and he descended so that he was below the level where he could put his head above water, then ascended and suffered a fatal embolism.

There are also statements that the cove in which the fatality occurred was unsuitable for DSD, but again the claim does not actually attempt to show that these were relevant to the death.

I read the claim quickly and before my morning coffee, so maybe I missed it, but the absence of a chain of causation seems significant.

I'm a 30 year lawyer - this complaint looks like a load of crap. It accurately states negligence, but the negligence stated is in no way causative of the death.

 

[pauldw]

Oh, yeah, we here in Utah have heard of PADI's lawyers.
PADI’s Wicked Ways: Undercurrent 10/2014

 

[Tony66]

So THIS is an example of why SCUBA training costs as much as it does. I didn't read every word and wouldn't understand most of it anyway but looks like throwing stuff at a wall to see if it sticks and turns into cash.

 

[tursiops]

So THIS is an example of why SCUBA training costs as much as it does.

Scuba training is cheap, compared to almost any other training you can get.

 

[Bob DBF]

Oh, yeah, we here in Utah have heard of PADI's lawyers.
PADI’s Wicked Ways: Undercurrent 10/2014

Sounds like fodder for another thread. It is interesting, however, that they contend that leaving 2 DSD divers alone at depth while the instructor surfaces with the other two is within PADI standards.


Bob

 

[JackD342]

Sounds like fodder for another thread. It is interesting, however, that they contend that leaving 2 DSD divers alone at depth while the instructor surfaces with the other two is within PADI standards.


Bob

They described that as a binary choice, for the instructor to stay down with one pair, or surface with the other pair. No mention of the EVERYBODY up option, which is the obvious choice.

 

[Bob DBF]

They described that as a binary choice, for the instructor to stay down with one pair, or surface with the other pair. No mention of the EVERYBODY up option, which is the obvious choice.

Yes, and I thought the instructor was supposed to be monitoring all his divers, all the time, which would make everybody up mandatory.


Bob

 

[wetb4igetinthewater]

So THIS is an example of why SCUBA training costs as much as it does.

You’re joking right? As training in general is quite cheap when you think about how much the instructors paid versus how much time they have to put in. In my area open water instructors have to pack their classes to get minimum-wage when working for a shop. Even as an independent instructor, the hourly pay is not filling up my jar for my Ferrari fund. When you put everything together, training is cheap.