Husband falls on boat, wife sues the skipper

[tiki_bill]

Dad drowns in tragic scuba diving accident after wife tells him she is pregnant | Latest News | Latest Breaking News | Daily Star. Simply The Best 7 Days A Week

This is ridiculous. She's gonna sue the skipper because her husband slipped on the boat? Unbelievable.

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A ScubaBoard Staff Message...

this thread has been moved from the accidents and Incidents forum as a thread already exists on this incident here http://www.scubaboard.com/forums/ac...ational-diver-after-fall-board-mv-elaine.html

To remain on topic, the discussion here ought to focus on the lawsuit. Marg, SB Senior Moderator

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[RickyF]

This is sad, but this guy was evidently a highly trained instructor. Goes to show that anybody can sue you for anything!

 

[drbill]

And I thought nonsense like this only happened in the States

 

[nimoh]

I call BS on the following quote from the article:

"He suffered severe lacerations to his liver but was given the all-clear to dive by skipper Andrew Cuthbertson, the inquest at Birmingham heard."

It suggests the skipper was providing medical advice. More likely the conversation went like this:

diver: I'm fine and I would like to go on with the dive
skipper: It's up to you

 

[Nirvana]

It suggests the skipper was providing medical advice. More likely the conversation went like this:

diver: I'm fine and I would like to go on with the dive
skipper: It's up to you

There is is another thread here on Scubaboard discussing the accident:
http://www.scubaboard.com/forums/ac...ational-diver-after-fall-board-mv-elaine.html

Your supposition seems in line with the report presented on that thread.

 

[ScubaToneDog]

I call BS on the following quote from the article:

"He suffered severe lacerations to his liver but was given the all-clear to dive by skipper Andrew Cuthbertson, the inquest at Birmingham heard."

It suggests the skipper was providing medical advice. More likely the conversation went like this:

diver: I'm fine and I would like to go on with the dive
skipper: It's up to you

I agree. That was either poorly written by the reporter or Skipper Cuthbertson was lacking proper MRI technicians in his sickbay.

Will have to see how this plays out.

My sympathy goes out to his family and friends.

Sent from my DROID RAZR HD using Tapatalk

 

[Edward3c]

The one thing I am constantly reminding budding Dive Managers is to keep records of any decision made, because if you get sued you have documented evidence. It isn't being sued, but proving the appropriate decisions were made to get the thing thrown out.

 

[Pullmyfinger]

And I thought nonsense like this only happened in the States

I thought so too.......only in 'Murica.

 

[nolatom]

the dive trip was last August. The Star article, dated today, says she "plans to sue" the captain and company.

Unclear to me whether she found a lawyer who has told her suit will be filed? It may be just her venting to a reporter.

I feel bad for her, it's awful, but a diver with that advanced-looking "kit", going to 80+ meters, is not a poor lost little OW student, he's the one who decides if he's fit to dive--not the captain, absent much more obvious symptoms. Or is she planning to say the conditions were too rough, all should've been confined to their seats, so no one could slip and fall? Either way I don't get it as a matter of logic.

I understand why she may not view this tragedy logically vice emotionally. But most lawyers should know better (assuming our speculation as to how the second-dive "interview" went is reasonably correct, which we don't know yet I suppose).

 

[Edward3c]

It appears the skipper could not produce a risk assessment (RA), to Captain Gavin Pritchard, an inspector for the Marine Accidents Investigation Branch, for fully kitted divers walking around the deck to the entry point.

I wouldn't be surprised if the trip organiser was next in line to be sued.