Filmmaker Rob Stewart's family files wrongful death lawsuit

[DiverAmy]

From a practical standpoint, this is not an unreasonable lawsuit.

Even if Rob is mostly responsible for his own death, he is arguably not completely responsible, based on the very limited descriptions of what occurred both here on SB and around the internet. Without having accurate detail, here's just a few "off the top of my head" questions.

Did his (former) instructor have an enhanced duty to him, more than a dive buddy or dive master? Did the boat crew have an enhanced duty to keep an eye on him, being his buddy was clearly not well, and presumably knowing that he decided to do three tech dives in one day? Was his very recent instruction clear about the dangers of his decisions? I'm not looking for answers to these. They are hypothetical questions to think about.

Additionally, Rob's life, in terms of of damages is VERY valuable. The way our system works is that a young, educated, employed, white male is the most valuable life in terms of tort law. A super rich, young, white male even more. While it's fun to vilify lawyers, this law suit doesn't seem out of bounds to me. Even if Rob was 90% at fault, the other 10% might be valuable. Sometimes a big consideration for a family (I don't know the particulars here, and am not interested) is the loss of a MAJOR breadwinner. Family might have been counting on his income to live.

 

[Wookie]

Other important questions include did he die in federal or state waters, and that renders some of the other questions unimportant.

 

[MarkFlory]

It's bothersome to me that this guy as a very experienced diver posted on Facebook "looking for a rebreather dive ninja mid January in Florida for some 300ft dives…”
Then soon after he COMPLETED his Trimix course, he made the personal decision to do three deep technical dives with video equipment.
Why are his poor decisions the boat captain, his dive buddy or the CCR manufacturing company's problems?

 

[kelemvor]

I was under the impression he was in a class at the time. If so, it would make the problem theirs. Maybe class had been completed, but it was only started 3 days prior to his Rob's death. I have no idea how long rebreather classes are but 3 days sounds kind of short to me. Unless rebreathers are far easier to use than RB pilots put on.

 

[DiverAmy]

Other important questions include did he die in federal or state waters, and that renders some of the other questions unimportant.

Wook, please do explain, in brief, why state/federal jurisdiction issue renders standard tort considerations moot?

 

[Cowfish Aesthetic]

Lawsuit has been filed, but complaint isn't available yet. Reporting does support one previously rumored detail:

"The complaint says that Rob Stewart and his instructor, Peter Sotis, were diving the Queen of Nassau wreck to remove a grappling hook that had been attached to the underwater wreckage for navigational purposes to mark the wreck and assist in maintaining its location while divers were in the water. The hook was located 230-feet below the surface of the water off the coast of Islamorada, Florida."

Family faults instructors, boat crew for “Sharkwater” filmmaker’s death

 

[aue-mike]

Other important questions include did he die in federal or state waters, and that renders some of the other questions unimportant.

Not a question...QUEEN OF NASSAU is well beyond state waters.

 

[mderrick]

Lawsuit has been filed, but complaint isn't available yet.

It is now, see attached copy. The list of defendants seems surprisingly short.

 

[Cowfish Aesthetic]

It is now, see attached copy. The list of defendants seems surprisingly short.

Unfortunately for our purposes here, there's not much information in the complaint (there normally isn't).

 

[Wookie]

Not a question...QUEEN OF NASSAU is well beyond state waters.

Read the Florida Constitution and get back to me.