Judge rules-Abandoned diver can sue charter company

[Clammy]

You sign all kinds of waivers but in California you can't assign away your rights, so they are more a tool to acknowledge that you understand risk. And I am sure some things changed after the incident. But now there is a roll call before you leave the dock, after every dive (verbal reply and face to face sighting with crewmember), and before leaving to return to port. A couple times I had to poke my face out of the the head because my muffled "Here!" from in there wasn't good enough. I doubt anything like that would happen again.

You gotta wonder if they would be doing that kind of careful check had they NOT left him out there and weren't getting sued! They should have been doing that BEFORE so that he didn't get left in the first place!

 

[almitywife]

easy guys.... i think its great that they seem to have increased their safety measures in regards to headcounts

lets not forget the last time the aussies left some divers out there, they werent missed for a day or so and to date no bodies have been found

this case could have ended up alot worse

 

[mike_s]

Because everything you read in the news is accurate?

while that is true, I've seen dive operators that were stupid enough for this...

according to the article this was a statement by the dive shops lawyer. Now I know the lawyer is just trying to get the lawsuit thrown out, but in reality he was still slinging mud on the face of his client.


regardless of whehter the media embelished the story or not, still doesn't make me want to sign up for a charter with this dive organization.

 

[dannobee]

I've made over 100 dives on the Sundiver and can tell you that for at least for the last 2 1/2 years since I've been diving on it, it has always been very safe. I can't comment on this incident, and I'm sure neither can they until the litigation is done, but I have no reservations at all about diving with them.

I've been on the Sundiver quite a few times, too, and second that they're very safe.

 

[merxlin]

You gotta wonder if they would be doing that kind of careful check had they NOT left him out there and weren't getting sued! They should have been doing that BEFORE so that he didn't get left in the first place!

Things happen, and this was a bad thing. I'd hate to be left. Since I didn't dive with them before then I can't say what they did or didn't do, or why this happened. Just making a point that this was a while ago and that today they are, to me, a very safe operation and a great boat to dive on.

 

[divebunny13]

I really don't think getting left out in the middle of the ocean is accounted for on an assumption of risk agreement. That was plain old bad divemastering. BUT just like Jack in the Box was the safest place to eat after the E Coli outbreak they had because their safety measures were doubled, this charter is probably the most thorough charter in SoCal now... $4 million for 4 hours though? THAT just screams "sue happy" American. THIS is why my insurance rates are so high.

 

[merxlin]

while that is true, I've seen dive operators that were stupid enough for this...

according to the article this was a statement by the dive shops lawyer. Now I know the lawyer is just trying to get the lawsuit thrown out, but in reality he was still slinging mud on the face of his client.


regardless of whehter the media embelished the story or not, still doesn't make me want to sign up for a charter with this dive organization.

This was in 2004. The dive boat industry is not exactly booming here in SoCal. Sundiver is still around and doing well. IF there were safety issues (especially in California), between the liability and the competition they would be long gone.

This is why I hate soundbites (written or audible). Makes a good headline but not the whole story.

 

[jeraldjcook]

California is the "sue capital" of the U.S.A.

At least three time a week I hear, "The rule of law in California is that no plaintiff can leave the courtroom without money" from one of my law professors.

 

[Scared Silly]

My WAG is that this will get settled out of court. The boat screwed up and guy was probably in distress but the cancer sounds dubious. The boat's insurance company will probably make an offer to make it go away and the guy will take it cause he will have to spill his guts to the world.

That said I am glad the boat has improved it safety. But for 2004 it should not have happened in the first place.

 

[Teamcasa]

Not that being left alone in the ocean is ok, but the guy was only out there for four hours, ....

Not to make light of this situation but given the speed of the Sundiver, I, supprised they could not still hear his whistle!

You sign all kinds of waivers but in California you can't assign away your rights, so they are more a tool to acknowledge that you understand risk. And I am sure some things changed after the incident. But now there is a roll call before you leave the dock, after every dive (verbal reply and face to face sighting with crewmember), and before leaving to return to port. A couple times I had to poke my face out of the the head because my muffled "Here!" from in there wasn't good enough. I doubt anything like that would happen again.

Mike is right, they make us sign waivers and take safety seriously.
(But, it is a sloooow boat!)