Judge rules-Abandoned diver can sue charter company

[Thalassamania]

You screw up, you pay. They screwed up, their gonna pay. How much is someone else's call. What is it really worth? Who knows? I just hope that its worth enough to send a clear message that this kind of screwup is intolerable.

 

[Beachlover]

Just because someone sues someone else, that does'nt guarantee that the same mistake will not happen again. It does guarantee that everyone elses costs go up( insurance,workers comp.ins).

 

[Spady]

If he incurred physician bills or missed work because of his hypothermia, dehydration, and/or sunburn, then it is certainly reasonable to ask for economic damages to make him 'whole' again. However, the amount of money this guy is asking for just stinks of greed. This is why the whole idea of non-economic damages for 'pain and suffering' is ludicrous and undermines the very ideals under which the tort system was founded
Just my 0.02

 

[Clammy]

Just because someone sues someone else, that does'nt guarantee that the same mistake will not happen again. It does guarantee that everyone elses costs go up( insurance,workers comp.ins).

There are no guarantees but it's a hell of an incentive to make sure it doesn't happen again.

I threatened to sue a certain establishment (only for medical bills) after the owner called me and said that they would not be taking care of any of the medical costs (a few thousand dollars) even after the manager did. The owner was quite rude with me at that (before I said anything about sueing). After I mentioned my lawyer, his tune changed immediately and said he'd look into things. However, he never called me back or responded to my letters. It was only after my lawyer sent a certified letter that lowe and behold, he responded and was much nicer. Anyways, his insurance company settled with me and all I asked for were medical bills. The next time I returned there, they had noticeably and properly taken precautions to make sure the same accident would likely not happen again.

The owner happily thought he could bully me since he had more money and resources. It was only after the realization of "Oh no, I could have potentially lost a lot of money" did they take precautions. He would have gladly not cared if I didn't do anything.

 

[Beachlover]

I hear what you are saying. I just think that too many people jump at the opportunity to sue. You sound as though you are a decent person, not everyone is willing to just accept medical bill reimbursement. And what about 4 million dollars, kind of excessive,don't you think?

 

[Clammy]

I hear what you are saying. I just think that too many people jump at the opportunity to sue. You sound as though you are a decent person, not everyone is willing to just accept medical bill reimbursement. And what about 4 million dollars, kind of excessive,don't you think?

Agreed, but not once during my injuries did I think my life was in danger. I don't know how much angrier I would have been and what I would have done if I thought I had been left to die.

 

[Kevfin]

I remember this story... it was called "Drifting Dan" . Do a Google search on that phrase and you can read a lot about it.

I have been on the Sundiver and it is a great boat and crew. I'd have no hesitation going on it.
I like Capt. Ray and he does a great job maintaining that boat (yeah, it is kind of slow).

This whole incident changed the dive industry in SoCal. Many Charters were very upset with Ray over it because the charter business slowed way down (some say dried up) for several months after. I don't know if he ever recovered his reputation with other boats. I do know that safety protocols followed by all boats did change.

I have also heard some of Rays side of the story and the stress he has incurred over the last several years as the lawyers prepared to sue. He has already lost a lot of money in legal fees.

The whole thing is sad... personally, I don't think it's a 4 million dollar case. But, I'm sure Dan's lawyers think it is.

 

[MaxBottomtime]

The one thing that always sticks in my mind is that Dan surfaced, saw the boat and signalled, yet didn't make any attempt to swim toward it. He said he figured they were going to come and get him. The DM then screwed the pooch and Ray made the mistake of trusting him. Dan then went on the talk show circuit and not once accepted any part of the blame.
I was diving the same rigs from the Great Escape once. When I surfaced, the boat was gone. They had left to go after another diver who didn't follow the briefing and surfaced down-current. I began climbing the ladder of the rigs to radio the boat until I heard them from the other side of the rigs. I was only at the surface for about thirty minutes. Maybe I should sue for a half million.

 

[BKP]

Bottom line, the guy *was* left there. He's got a valid complaint.
$4 million worth of a complaint? Laughable (and yes, I'd think so even if I was the one bringing suit). Skin cancer from *this* one particular episode? Don't think so...

Should dive ops do roll-calls instead of headcounts? Absolutely -- should be mandatory... I won't go out with an op that doesn't do a roll-call after each dive, *prior* to pulling anchor/mooring.

 

[ClayJar]

Okay, let's see... my thoughts on this one:

I've been privileged in my diving, as every boat I've been on has called roll religiously. (And that's on top of the other layers of verification.) I plan to maintain a purely academic interest in stories of divers being left, at least if I have anything to do with it (and I do).

As for leaving a diver and not even noticing until on a second site, I'd consider that "gross negligence". To me, that would not fall under waivers, as a reasonably competent person would be expected to know whether they had everyone onboard. If a diver was swept down current and found missing *at the first site*, and if that was reported then, I would consider that to be part of the assumed risks of diving. To leave the site without noticing is a different animal.

Still, while there may have been gross negligence, the suit as described is far beyond reasonable. It is laughable to blame skin cancer on one exposure, for example. While I certainly empathize with people who have been through traumatic experiences (having had some doozies myself), at the same time, "Just get over it, already!" is my default response. Perhaps it was traumatic enough to require a solid month of shore diving on Bonaire in order to work through it, and with all those expensive dinners, round it up to $10k, but $4m? Inconceivable.