The coroner has it wrong, as any following lawsuit will show. This is a case of death by misadventure, and the majority of the misadventure falls on the young woman's shoulders, with perhaps some blame going to her instructor. You can't blame the rebreather manufacturer for the ability to assemble the unit incorrectly if the most basic pre-dive check would have discovered the mistake, if performed.
My understanding is that the Coroner would agree with you that this is a case of "death by misadventure."
Where there is a clear disagreement between the Coroner and HSL with you is as to the quality of the equipment. The equipment has been shown to be non-compliant with manufacturers set safety standards applicable in the whole of the EU.
Now, if this afternoon you take on a diver on your boat with one of the at least 8 defective or non-compliant (to the aforementioned standard in this thread) HP2s possibly in circulation, and he/she dies, sure you, the manufacturer, the retailer, the instructor... might get away with it for all the good reasons you give.
This is rather common with rebreathers, custom and practice.
---------- Post added November 30th, 2014 at 09:05 AM ----------
In either case, they didn't make "a mistake". They made multiple errors, one on top of the other, probably a dozen in case of the rebreather diver, depending on how you count. Catching just one would have allowed her to survive. That mindset is to me more interesting than whether the Prism 2 should have different threads on the countering hoses.
That is normal. People do not make just one mistake, they make multiple ones.
The outcome though should be that they can laugh about their mistakes, rather than mourn because of their mistakes.
It is not always possible, but as far as reasonably practicable, good equipment and sound system, procedures, and controls have shown to be invaluable in decreasing fatalities and accidents.
In this video (
http://www.rebreathermallorca.com/video/scubaboard/f.up.mp4 ) I said "Perfect" and "O.K." - but then I f-up (got out the wrong side of the car) and while I laugh about it and get told off I f-up even more.
Yet, we are all still laughing about it no harm done because the equipment was good and the activity was designed to be carried out in safety - taking into account the possible human errors and possible equipment failures (and there were many potential deadly ones) which can happen.
No one has to die because one makes a silly mistake - at least such occurrence (death/injury...) should be mitigated as far as reasonably possible.