Merged: Liability Releases - shop sued diver's death, Catalina Island 2005

[bowlofpetunias]

Like cops, everyone hates a lawyer until they need one.

I agree with most of what you are saying except for this..:lol: There are many of us who appreciate the good that Lawyers do while recognizing there are certainly enough rotten apples out there.

When a plumber does a job that benefits thousands... they deserve to be paid accordingly.
:sorry for contributing to the hijack over

 

[SC_Hoaty]

When a plumber does a job that benefits thousands... they deserve to be paid accordingly.
:sorry for contributing to the hijack over

So fixing a public toilet should be worth millions?

Let's just agree to disagree and get back on track.

 

[drbill]

The argument is that the shop's negligence created the panic situation.

Thal... I still don't see where the shop is negligent. The gauge was tested at 150 psi over. I don't think that is very excessive for an analog gauge. From the facts it seems obvious that the diver did not begin his ascent (buddy breathing) until he was already in the red zone.

 

[Darnold9999]

IF - and I do mean IF this case were to get to trial that will likely be one of the main points of disagreement. Is providing an analoge guage that reads 150 lbs high negligent behaviour by the shop.

If it were 500 psi out, in my opinion the shop would be negligent. At 150 my view is probably not, but I am no expert in what a guage should be.

If the answer to this question is that yes the shop was negligent to provide a guage that was out by 150 psi, then the question is did the negligence cause or a is it part of the cause of the death. A completely separate question.

 

[OldNSalty]

IF - and I do mean IF this case were to get to trial that will likely be one of the main points of disagreement. Is providing an analoge guage that reads 150 lbs high negligent behaviour by the shop.

If it were 500 psi out, in my opinion the shop would be negligent. At 150 my view is probably not, but I am no expert in what a guage should be.

If the answer to this question is that yes the shop was negligent to provide a guage that was out by 150 psi, then the question is did the negligence cause or a is it part of the cause of the death. A completely separate question.

I suspect that if it goes to trial-there will be no divers on the jury so none of us here would have any impact on the case. Shame, trial by jury of peers would be a grand idea.

 

[Thalassamania]

Thal... I still don't see where the shop is negligent. The gauge was tested at 150 psi over. I don't think that is very excessive for an analog gauge. From the facts it seems obvious that the diver did not begin his ascent (buddy breathing) until he was already in the red zone.

I did not say that they were, I just said that that would be the argument.

 

[divengolf]

Thal... I still don't see where the shop is negligent. The gauge was tested at 150 psi over. I don't think that is very excessive for an analog gauge. From the facts it seems obvious that the diver did not begin his ascent (buddy breathing) until he was already in the red zone.

On most analog pressure gauges, including SPGs, the allowable tolerance is expressed as a percentage of the max. pressure. On most SPGs, the upper limit is 5,000 psig. So 150 psig error is 3% of the range. Not bad for an analog gauge. The actual spec is set by the manufacturer, whoever that is.

The problem here is that this small error is magnified when measuring low pressures, i.e., less than 500 psig.

BTW, I heartly agree with those who blame the diver and give the shop a pass. No diver in their right mind would be at 80 feet with less than 500 psig in their tank. Remember the rock bottom rule (Thanks La Mont) and your buddy who may need some of your air.

 

[drbill]

I did not say that they were, I just said that that would be the argument.

Ah, I see... thanks for the clarification.

 

[vladimir]

.....

 

[Ayisha]

On most analog pressure gauges, including SPGs, the allowable tolerance is expressed as a percentage of the max. pressure. On most SPGs, the upper limit is 5,000 psig. So 150 psig error is 3% of the range. Not bad for an analog gauge. The actual spec is set by the manufacturer, whoever that is.

So what brand was the reg (I think it was a Scubapro?) and what is the allowable tolerance spec set by that manufacturer?