I guess this was inevitable.

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mempilot:
So what's the real story?
His story is in the Feb 2005 issue of Readers Digest.
 
jonnythan:
What am I missing? Sounds like his buddy never said anything to the boat crew, then lied about him making it to dive 2, and his buddy is completely at fault.
You're missing the same thing that I missed until reading that article ---- his buddy wasn't just some random guy met on the boat. His buddy was an employee of the company that had chartered the boat.

Like in most incidents, there's enough blame that it can be liberally spread around.
 
Turtle Diver:
How does writing your maximum depth (instead of just your name) insure you're back on the boat?

To logg the dives was part of the overall procedure.

To check if everybody was back from the dive, we had to go, see the DM and sign the dive log sheet after every dive (the DM checked us in when we jumped in the water). This would make sure that everybody that got into the water for a dive came back. There would be also a roll call.
I would tend to believe that having people to sign is a little bit more "reliable" than a tick-off sheet with a roll call.

The procedure of logging most of the dive characteristics would ensure that everybody stays within the recreational limits of diving (minimum surface intervals, maximum depth etc.) and avoid DS.
I agree it doesn't insure that you're back on the boat but at least in my opinion it reduces the risk of someone not coming at all because of DS.

I would tend to believe that the DM and captain have a certain duty (or level of responsability) - especially on a commercial boat- which is to not only check that you're back on the boat but also make sure that you dive safe. It's not because you have a certification card and claim that you're an experienced diver that it's true. You'll see divers (of a boat or not) doing the first dive at 30 feet then the second at 100 feet without knowing they're doing something wrong.

No procedure will prevent me from jumping in the water for a swim just before the boat leaves and no procedure will prevent some guy for not following some basic diving rules (stick with your buddy etc...).

Just my opinion...
 
Just my opinion, but it seems that having you write down all that stuff about depth, air pressure , etc is also to discourage buddies from logging in for each other.

Roll calls can be defeated simply by a buddy answering up for someone who isn't aboard ..... that may have happened in this So. Calif. case.
 
mweitz:
I don't agree totally. One of the reasons you sue is to penalize the company / person in question

Do you honestly think that any part of his motive is to penalize the company? Maybe I'm jaded, but in my experience people's motives are far more likely to be self-serving. Could he really give a rat's a** about penalizing them so that they don't do it again? He certainly will never take that boat again, so for him personally it's not an issue whether they do it again. And it seems obvious that the company, if they survive, will be incredibly strict from now on with all roll calls, etc., independent of what happens in court. They sure as hell won't let that happen again.

Is the $4 million figure to keep them from doing it again? My guess is the $4 million figure was arrived at by a combination of what they think they could get away with, and how much he'd need after taxes to never have to work again.
 
Based on ChrisM's post, I stand corrected.


Yes, mccabejc, I do think it can be part of it. I've pushed issues with people / lawyers / insurance companies solely to make a point / teach a lesson. Hopefully someone else was saved the trouble / hassle I had to go through.

mark
 
In this sad and stupid story just about everyone seems at fault:
- Dan the drifter by being ill prepared
- his buddy(s) for deserting him, first UW, than back on the boat
- the DM for failing to notice a missing diver
- the skipper to trust everyone to not screw in the first place
- and finally the shop for hiring the DM and, if rumors are true, letting an OW diver on an advanced dive.

However, I believe there is a huge difference in fault and responsibility.
The responsibility lies with the diver. No one put this in a better way than Richard Pyle when he wrote:

**************************************************
"WHATEVER happens to you when you willingly go underwater is
COMPLETELY and ENTIRELY your own responsibility!
If you cannot accept this responsibility, stay out of the water!"
**************************************************
 
It will be interesting to see the outcome after all the stories have been told....to a jury. As far as responsibility and or blame I agree with the quote from R Pyle as to the choice to get wet and the responsibility for making it. The DM on the deck, as in the guy with the clipboard....now he really blew it. It his one and only job while holding the board to know EXACTLY who is and is not on the boat. Its his gate to watch and no-body elses. The dive buddy is a putz without any shadow of a doubt, all he had to do is tell someone that he didnt come back with the diver he left with. And if he's actually a DM wether working or not....yep PUTZ comes to mind. Thats why I started diving solo many yrs ago, no one to count on and no one to pull the anchor till I'm back. Just my opinion.
Bill
 
caveseeker7:
**************************************************
"WHATEVER happens to you when you willingly go underwater is
COMPLETELY and ENTIRELY your own responsibility!
If you cannot accept this responsibility, stay out of the water!"
**************************************************
If the boat leaves before all divers and crew are on board how can any one with an ounce of sense blame the diver
 
I'll just say one thing since I know a few of those involved and have spoken with them. Don't believe everything you read (especially since everything in the media has been from drifting dan's point of view who has -- as is now clear -- a financial interest in the outcome.) The facts as stated in this thread are, as the old song goes, "Ain't Necessarily So."

And it is also true that people do in fact sue to punish companies for intentional wrongdoing, mark, I hope I didn't make it seem that doesn't happen, so you are correct. Just that in this case I ave a hard time believing they will come close to proving anything like intentional conduct.

Chris
 

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