Scuba Shack's Boat Get Wet Sinks in Key Largo

[Jax]

Let me rephrase(I was about to board a red-eye after a long birthday weekend in Vegas when I wrote the original post)
I really wasn't referring to legal liability with my question. I was just wondering if, as an instructor, when the boat starts sinking would you feel any responsibility for helping the students safely get off the boat, or is that completely up to the captain?

Kendall, I'm sensing a confusion over morality versus legal liability.

I'm pretty sure anyone who had their wits about themselves would help anyone else. The fact is, who and how the instructor, or anyone else, helps another has so many factors --- where was everyone standing at the time? Who needed help who was near the instructor? Maybe the wave action made the instructor the first overboard. Who knows?

The bottom line is that YOU are responsible for yourself. If you are looking for, or depending on, someone (i.e., an instructor) to be responsible for you, or to lend assistance, etc., you are in the wrong sport.

What the instructors *feel*, on dry land, no emergency, yada yada, will be a different answer in an emergency. The best answer is that you consider this situation, and on every boat you are on, have a mental plan of action if the SHTF.

 

[cruiser]

Let me rephrase(I was about to board a red-eye after a long birthday weekend in Vegas when I wrote the original post)
I really wasn't referring to legal liability with my question. I was just wondering if, as an instructor, when the boat starts sinking would you feel any responsibility for helping the students safely get off the boat, or is that completely up to the captain?

I would definitely feel a responsibility to help students get safely off the boat.

 

[mike_s]

My view would be that the boat owners are responsible for the seaworthiness of the craft, the captain for how it is operated as well as when and how to abandon ship, .

The captain is just as responsible for the seaworthiness of the craft as the owner, if not more.


He is liable for ensuring the vessel is seaworthy and that it is in compliance with all USCG/federal/state/local laws, it's operation, safety, passengers, etc.


If he' takes a vessel out that he knows is not seaworthy, he is just as liable.

 

[DandyDon]

I would definitely feel a responsibility to help students get safely off the boat.

I'm sure s/he did but still - not his/her job.

The captain is just as responsible for the seaworthiness of the craft as the owner, if not more.


He is liable for ensuring the vessel is seaworthy and that it is in compliance with all USCG/federal/state/local laws, it's operation, safety, passengers, etc.


If he' takes a vessel out that he knows is not seaworthy, he is just as liable.

Yeah, that too - to the extent possible to know. Ultimately, it falls on the owners - but for a possible court action, they'd go after everyone and sort it out there.

 

[wtcreaux]

What is the reason for all this conjecture without any real information?

A smart man learns from his mistakes, but a truly wise one learns from others.

Anonymous (but has been attributed to Voltaire, Einstein, German Chancellor Otto von Bismarck........take your pick....maybe none of but valid point nonetheless)

 

[conchrandy]

Moot, liability will be found where the insurance lies. The players-Owners of the GW, Captain and DM, Hull P and I, Store policy, additional insured and those with vicarious exposure such as the motel and possibly, the training location. What good is a million dollar judgment w/o insurance or huge assets?

I know its a reach, but just maybe the USCG was remiss in allowing what it deemed an unsafe vessel to operate, on any level.

 

[mike_s]

Moot, liability will be found where the insurance lies.

what insurance?

there was speculation (for lack of a better word) that the boat/operation wasn't insured. (I've not seen proof one way or the other).

Yeah, that too - to the extent possible to know. Ultimately, it falls on the owners

Not really. The captain will likely loose his USCG license for a year, thus his paycheck.


While in theory, the owner can go out and buy a new boat and hire a new captain and operate a 6-pack the next day. (in theory if they had the money for it).

 

[Tanked]

I would love to see a tank explode...

 

[highflier]

Hi again,

While lawsuits follow the Money/insurance etc.. That does not mean they will win the path that they choose. I.E. if a meteor strikes a boat and kills people the boat is not likely to be liable even if they had the insurance.
I believe the term is gross negligence. Now, who if anybody is grossly negligent resulting in harm of others?.

I suspect but do not know the boat owner, the captain. But other could be dragged in, As someone else suggested the CG may have failed to act, The previous captain if it was not reported etc.....,or for that matter any persons on or off the boat that knew of the issues and failed to act properly.

Highflier

PS. I am not a lawyer I just play one on the internet.

 

[kendallpg]

Kendall, I'm sensing a confusion over morality versus legal liability.

There is absolutely no confusion with me. I own an insurance agency, so I am well aware of the difference between legal liability and morality. My question was 100% about morality, not legal liability.

The bottom line is that YOU are responsible for yourself. If you are looking for, or depending on, someone (i.e., an instructor) to be responsible for you, or to lend assistance, etc., you are in the wrong sport.

I 100% agree with this statement. However, I am a certified scuba diver and these two people were not. I fully understand, and accept, the risks involved with my choice to go underwater.

I was just wondering about this because I have read every post on this thread since the beginning and no mention has ever been made about the Scuba Instructor that was on the boat.