San Diego Dive Fatality 9-29-09

[Rick Murchison]

The problem is that it is a decision chain, one thing predicates another and changes the basis of the decision in a substantial way. Frankly, if I had never been exposed to any other style of weightbelt and was stuck using the thread through lever action type of buckle that most people use I'd be most concerned about accidentally loosing the belt and thus I'd favor shoulder staps and crotch straps and anything else that would help prevent my making a rapid, unplanned ascent. But once I start using a wire or SeaQuest buckle, the situation shifts, now I don't have to worry about accidentally loosing my weights and now making sure that I can drop my weights as easily as possible can become a concern, because my fear of accidental ascent is gone.

Well said.
Rick

 

[reefphreak]

I spent Saturday diving with one of the investigators that was involved in the body recovery and investigation of this incident. He told me that the diver surfaced and got hung up in some kelp. The Dive master jumped in and swam to him. When he got to the diver the DM removed the diver's BC. The diver, who still had his weight belt on, dropped to the bottom.

 

[CompuDude]

I spent Saturday diving with one of the investigators that was involved in the body recovery and investigation of this incident. He told me that the diver surfaced and got hung up in some kelp. The Dive master jumped in and swam to him. When he got to the diver the DM removed the diver's BC. The diver, who still had his weight belt on, dropped to the bottom.

If true, this DM-who-may-not-have-actually-been-a-DM is going to be spending some serious quality time with lawyers in the immediate future. Good Samaritan laws may limit exposure... but wow, that's going to be fun to work out. (Not.)

 

[Teamcasa]

I spent Saturday diving with one of the investigators that was involved in the body recovery and investigation of this incident. He told me that the diver surfaced and got hung up in some kelp. The Dive master jumped in and swam to him. When he got to the diver the DM removed the diver's BC. The diver, who still had his weight belt on, dropped to the bottom.

That would explain why he went down but not why he could not be caught and pulled back up.

 

[boulderjohn]

Good Samaritan laws may limit exposure...

I'm guessing not.

There have been some threads recently in which knowledgeable attorneys have addressed this issue. If I can sum up what I learned from them (note that this is my interpretation of what others have said, not legal advice of my own)...

• If you are just another diver in a situation like this and fail to provide effective aid, then you are pretty much shielded from any liability. You are not required to provide that assistance, and you are not required to have a standard level of proficiency.
• If you are acting in a professional capacity in relation to the victim (accepting any kind of compensation; presenting yourself as someone who can be counted on to provide professional assistance), then you have a duty to care and can be held liable if you do not provide that assistance at a standard level. It does not matter whether or not you actually hold the necessary level of certification.

If the DM is not actually a DM, then he will not have any liability insurance, and he will not have the backing of a professional agency.

If he was a certified and practicing DM, then he will have insurance protection, and if he acted within accepted standards, he will have the backing of his agency.

 

[gcbryan]

Why would a DM remove the other diver's BC? Why wouldn't he just untangle him?

If this story is correct then it sounds like the DM didn't have his gear on and therefore couldn't go down after him.

 

[DandyDon]

Why would a DM remove the other diver's BC? Why wouldn't he just untangle him?

If this story is correct then it sounds like the DM didn't have his gear on and therefore couldn't go down after him.

The DMs I have seen on 3 SoCal charters never geared up even when entering water to assist.

Whether the DM instructed the deceased to remove the BC or not may not be known until trial time if one happens. Regardless, every diver with a C-card needs to know

to remove weight belt first if not integrated,

to know to ditch weights if sinking cannot be prevented in any problem - integrated or not - and do it without taking time to think​

Just too many death threads here and in DAN annual reports of divers who surface, then drown. All too common.

 

[Ayisha]

The DMs I have seen on 3 SoCal charters never geared up even when entering water to assist.

Yes, that's what I've seen as well with 2 dive ops. The DM was in a wetsuit ready to assist throughout the time divers were in the water. I thought they had SCUBA gear set up though, in case they needed it. It would take a little time to put the rig on once they assessed the situation, but at least there would be a chance of saving the victim... It's a shame there was no one else who seemed to try once he started sinking...

There are now various versions of what happened once the victim surfaced. Whatever happened, it emphasizes the need for proper weighting, removing weights first at the surface, and remembering to ditch weights if necessary.

 

[DandyDon]

There are now various versions of what happened once the victim surfaced. Whatever happened, it emphasizes the need for proper weighting, removing weights first at the surface, and remembering to ditch weights if necessary.

Verily...!

 

[GrumpyOldGuy]

The DMs I have seen on 3 SoCal charters never geared up even when entering water to assist.

The have a name for the guy geared up and ready to assist you... a dive buddy.