Scare in the Caribbean

[TSandM]

Given that no one was injured, the only damages you could be looking at would be mental anguish, which is something you're likely to get short shrift on if you are filing suit in a foreign country.

If you really want retribution against the operator, post their name. The reduction in business would probably hurt more than any settlement you might manage to get against them.

Pursuing lawsuits in foreign countries is extremely expensive, cumbersome, and rarely productive. I speak from personal experience.

 

[Roguewarrior2]

I sincerely hope that this didn't occur in the British Virgin Islands. I like to think our dive operators are a cut above.

Description of the dive site does not quite fit any BVI dive sites I am aware, could have been the Chickuzen except for the distance from land and depth.

Definitely the BVI Dive Operators are a cut WAY ABOVE although about 25 years ago there were divers left on the Rhone by a St. Thomas based live aboard dive boat. They were picked up by a BVI diver operator who called the offending dive boat to inform them they had left divers at the Rhone.

 

[PR_SMITH]

Given that no one was injured, the only damages you could be looking at would be mental anguish, which is something you're likely to get short shrift on if you are filing suit in a foreign country.

If you really want retribution against the operator, post their name. The reduction in business would probably hurt more than any settlement you might manage to get against them.

Pursuing lawsuits in foreign countries is extremely expensive, cumbersome, and rarely productive. I speak from personal experience.

Sounds like good advice to me, especially as there has already been some sort of compensation. You may be throwing away good money for nothing.

 

[jon m]

i would be satisfied with what you got. but i ain't the litigating type-
surely wouldn't ever dive with them, and you could do more "hurt" to them by naming them here, rather than sueing

 

[Bonairetrip]

In terms of the legal side, hard to know without knowing what you signed and in what country. My guess is that it was a pretty iron clad agreement where you essentially waived your right to litigate. I hope you at least got them to waive your entire bill.

The other problem is actual damages. An awful incident to be sure but it seems like actual damages were low...

In terms of the resort, well what they did was pretty awful. But I would be pretty happy with much of what they did in response -- getting GPS, firing the driver, etc. I would have also asked them to get a marine radio (with a connection to the shop) and have emergency 02 and first aid supplies along with the DMs carrying surface signaling equipment.

Finally, I would ask them about future training for the (new) driver and the DMs. Is there a diver recall process? Under what circumstances (if any) is the driver authorized to leave divers in the water? When would the shop be notified? Under what conditions and when would you notify the CG?

I will decline comment on the rest (resort course, etc.)

 

[C-Urchin]

First of all, it is your responsibility to name all parties involved on this site:
The resort who took your money, the boat captain, the dive master, I mean NAME EVERYONE ON THE WEB SO THAT PEOPLE KNOW! and boycott that stupid operator.

If no one was hurt, there is not much you can do legally, other than making it public. Please let it be known, I don't want to patronize anyone that irresponsible. There are NO excuses!

I have a similar story:

COZUMEL 1997

Fiesta Americana Dive Resort.

We were out for a night dive, 24 divers on a cattle boat (typical), weather was iffy, windy. We went down for a glorious dive, when my buddy and I surfaced after 1 hour dive, having followed the current as we were told to behind everyone else but a little later (we both breath little), the boat was gone! A storm was developing, 4 to 6 foot swells, enough slop so that we couldn't see anything unless we were on "top" of the waves. Cozumel is drift diving, if no one show up to pick you up, you end up a LONG ways away in the ocean. Hasta la Vista!

We swam like mad "against" the current to some lights barely visible on the horizon, it was a local fishing boat. Thank God I speak Spanish!

They took us back to the dock where NO ONE was missing us yet!!!!!!!!!!!

As divers, we must all boycott such careless amateurs, that's my opinion.

Another thing; I never go anywhere without a flashlight, a safety sausage and a whistle. Don't care if people laugh at me during a "perfect" sunny day.

 

[fisheater]

C-Urchin:

That's a harrowing story. What was the aftermath? I'm dying to find out what you and the dive operator did upon your reunion with land.

(I,too, carry a light, whistle, sausage, signal mirror & marker light on every dive.)

 

[Tricia]

If the lawyer in me could offer some "free advice" here that has nothing to do with diving:

Most settlements have a paragraph that says you will keep the settlement (the fact of the settlement and its contents) confidential and you will not identify the other party in any way. I assume EHellman signed something like this, so that is why he's not identifying the operator. Again, assuming this is the case, then theoretically, if EHellman DID identify the operator, he could be open to a charge of defamation from the operator. (Yes, really!)

The lesson to be learned here is this: Never sign anything right after an incident like this! You are still shocked by the incident and you're not thinking clearly - which is what lawyers love when they're trying to get you to sign a settlement.

This advice is probably too late for EHellman, but the rest should take note.

Trish

 

[Jeff Toorish]

Personally, I would not have asked for, nor accepted, any sort of settlement if it meant not being able to speak freely about the incident. I'm not sure there is an actual legal case here --normally you have to show some sort of damage or injury to successfully sue. I suppose you could say you were scarred for life and had to give up the passion of your existence, diving, and as such deserve something from the dive op. To me that is a stretch.

I would have made my concerns (you can read that as fury) known to the senior bozos at this place. Every dive op I have been with is affiliated with a major certifying agency, and that is where I would have focused my attention. My preference in these kinds of things is to make sure the certifying agency knows about the incident --and the potential for a real problem leading to a lawsuit.

needless to say, never diving with them again would be a good idea.

Jeff