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

[ItsBruce]

As I've said before, the whole case is very intriguing. I think the plaintiffs will have a tough time proving their case. Even assuming the shop was negligent in renting out a SPG that was 150 psi off, and even assuming the argument that this caused the panic situation, I have trouble seeing how the plaintiffs will prove the OOA was the shop's fault or that it was a substantial factor in the diver's death. However, if the plaintiffs can prove this, the potential damage award could be huge. So, given those factors, there is a "settlement value" that addresses the chance of winning versus the chance of losing and the possible award for a win. It is for the lawyers and litigants to try to figure out what this figure is.

 

[Tricia]

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

Ayisha,

I recall when I read the appeal that it said that the dive shop had filed a cross-complaint against Oceanic (but had dismissed it when it won the motion for summary judgment at trial court level). I assume Oceanic makes SPGs, but could someone confirm?

Thanks,
Tricia

 

[drbill]

Yes, Oceanic does make SPGs. The shop in question is the shop I use, but I don't rent equipment from them so I'm not sure whether their rental kits include Oceanic SPGs.

 

[PuMpUi]

I have read the first 10 pages of this thread, and it seems that everyone thinks that the Dad did a "buddy breathe" (2 divers using 1 regulator) CESA ... but this is what the original post said:

"He made a controlled ascent by breathing with his son, but went into cardiac arrest on the beach."

Now, unless I am missing something here (like maybe this is discussed in the last 13 pages that I have not read yet) ... and unless this happened in the 70's ...

"I" would presume that the Dad used his son's ALTERNATE AIR SOURCE and did NOT do a buddy breathe ascent !!!

If Catalina had equipment that did NOT include an alternate air source ... now THAT would be some really old gear ... and maybe they would have a REAL issue on their hands ???

Other than that, the arguments seem to indicate "diver error".

Understand that this newspaper report was most likely written by a non-diver.

 

[drbill]

Although I do not rent their equipment I feel pretty confident in saying that all the regulator rigs I've seen there have a second. I used to help out working at the shop.