Regardless of the state of Maritime Law regarding duty to rescue, IF there was such a duty here (and I don't think there was but that is another issue) failing to be suited up and get into the water would be negligence, not gross negligence (in my always and ever so humble of opinion). Washington is a pretty good state regarding the viability of releases of liability so my guess is that the Waiver that I know was signed (or at least, with a number of dives off the Sampan that is the normal procedure) will protect Rick and Bandito.
I just might spend some time looking up the Duty to Rescue in Washington but NOT for federal maritime law. That I'll leave to whatever Maritime specialists are out there.