Family sues over Florida Keys dive death

[Serge Tao]

Diving is optional
Surfacing is mandatory

I start my briefings with this. If you're American, you get it on paper and have to sign for it.

 

[DandyDon]

The Accident thread went on & on, I don't remember the lengthy discussion, and I am not up to re-reading it all now, but the diver who started the accident seems to have been bluffing it - new gear that he had not learned, not even how to ditch weights. The attempted rescue by the other diver to drown was heroic, but went too far. I can understand some feelings of blame, even if not the suit.

Makes one think to utilize a fictitious name on the sign-up sheet and pay cash on out of town charters.

They probably would want to see your C-card with matching name.

Diving is optional
Surfacing is mandatory

I start my briefings with this. If you're American, you get it on paper and have to sign for it.

What?

 

[DivemasterDennis]

The filing of a lawsuit does not create liability. The suit may, and perhaps should, fail. As to suing the other deceased diver, that is not uncommon- all parties alleged to be at fault in any way are generally joined in a law suit. The key in this case is who owed who what duty of due care, and did they breach it. A quick read of limited facts suggests that IF there is any liability, it will be related to providing unsafe equipment, but even that may be a stretch. There are not enough facts known to us by standers to judge the validity of any claims. I take friends, who have their own equipment, diving, and I do not worry about liability for doing so, as an insured pro or even if I was not an inured pro. Dive professionals have a higher standard of care. Equipment renters and loaners create a duty of care. I avoid loaning gear.
Divemaster Dennis
PADI pro, scuba snobs, and , yes, attorney

 

[Bob DBF]

one moment please

Never mind


Bob
---------------------------------
I am not the boat

 

[ams511]

I have posted a couple of links of the accident. if I understand it correctly the two people who passed away were not buddies unless they were part of a three person team. The man was diving with someone else who tried to help him when she ran out of air and surfaced. Then the other diver swam up to him to render assistance and they disappeared. When the first diver surfaced she told the captain who tried to find them but couldn't. He surfaced and called the Coast Guard who found their bodies. This does not appear to be an instabuddy situation as they were all there to celebrate a birthday.



Bodies Of Missing Divers Found Off Plantation Key « CBS Miami

Authorities recover bodies of missing divers | KeysNews.com

---------- Post Merged at 09:48 AM ---------- Previous Post was at 09:37 AM ----------

Go back and read the eyewitness reports, then come say you are sorry.

Do you have a link to a complete report? From what I read two divers tried to help him and couldn't. The first one ran out of air and surfaced while the second one went down with him. What I find tragic is why didn't he just take off the BC and surface with the first diver?

---------- Post Merged at 09:48 AM ---------- Previous Post was at 09:37 AM ----------

Go back and read the eyewitness reports, then come say you are sorry.

Do you have a link to a complete report? From what I read two divers tried to help him and couldn't. The first one ran out of air and surfaced while the second one went down with him. What I find tragic is why didn't he just take off the BC and surface with the first diver?

 

[koozemani]

http://www.scubaboard.com/forums/ac...re-upper-keys-dive-fatalities-8-6-2011-a.html

 

[Wookie]

Florida is a tough state to sue in. Waivers are often upheld (although this seems to be a group of friends, maybe), but of course, anything could happen in front of a judge or jury. My confusion is that there doesn't seem (to an outside casual observer) that there is anything to go after here. Plaintiff's attorneys love big fat professional liability insurance policies, but there don't seem to be any, unless maybe the Captain had one for some reason. Looking at the easily obtainable information about the captain, he has a company, but it has no website nor is it registered with the Florida Department of State as a corporation or partnership, so I doubt he has a stack of liability insurance for a 25 foot bayliner named "Bob".

Do you have a link to a complete report? From what I read two divers tried to help him and couldn't. The first one ran out of air and surfaced while the second one went down with him. What I find tragic is why didn't he just take off the BC and surface with the first diver?

I have no more information than what was stated by the eyewitness. My point was, all of the diving party were engaging in a potentially dangerous sport. I just don't see any jury finding fault with the first victim for causing the second victim's troubles, especially with the eyewitness statement that the first victim pushed the eyewitness away when the eyewitness ran low on air.

 

[The Chairman]

The filing of a lawsuit does not create liability. The suit may, and perhaps should, fail.

However, the filing of a lawsuit will cost you in terms of time and money regardless of it's merits. I bear no ill will towards attorneys, but they are the only ones who seem to win in many law suits. If the size of the potential carrot were to be reduced to only including actual costs, then the few attorneys with no morals would be less of a problem to the many attorneys who would refuse such a case.

 

[ScubaSteve1962]

" Moss suffered from Parkinson's disease and exhibited some symptoms"

Seriously?!?!?!

Btw only in Boca would this happen...

Sent from my MB855 using Tapatalk 2

Only in the good ole USofA

 

[Bob DBF]

I remember the A&I thread on this one. Both deaths should have been easily preventable. There was some issue with Boone's gear as I remember, no Octo or something along those lines. I'll try to find the thread.

My read was problems with both buddies gear and none with Boone's, but was diving without an octo. In this day and age diving without an octo can be a way bigger problem than it was back in the day. Before octo's were widely used we were trained to buddy breathe, this was not just passing a reg back and forth, but also controling the regulator and situation. Making sure you got the reg back so you could breathe and learing how to disengage from the situation and perform a rescue against the will of a paniced diver was intergral to buddy breathing. If you are not trained for the cluster**** that can insue, the chance for survival of either diver is low. Even if buddy breathing is taught today, I doubt that the risk associated with it is discussed.


Bob
--------------------------------------------

That's my point, people, by and large, are not taught that diving can be deadly, they are taught how safe it is, and they are not equipped with the skills, taught and trained to the level required to be useful in an emergency.