@Subfiend, I wonder if you could lay out how you think things SHOULD be handled in the case of an accident? I've written emergency plans both for work and as part of DM certification but those and my training stop with "securing the gear."
Here's what I imagine I'd do. Not saying it's the right thing, but off the cuff how I'd handle the situation if I were the instructor in a serious incident.
1. Secure all gear on site, leaving air on until all victims were off the beach or I am no longer controlling the scene or needed to assist them.
2. Have a witness verify (or videotape) the SPG reading on the tank, then turn off the air and transport the gear intact back to my LDS. If university-related diving, well, I personally secure this gear and do with it as I see fit.
3. My LDS (based on experience with a medical emergency) would test the air in the tank and test the regulator function. They'd presumably do a quick check on the BCD to make sure it's functional, unless the BCD was thought to be contributory in which case they might tear it down and evaluate it. Depending on details, they might download data from the dive computer. (In the case of my diver with IPE, depth and time weren't factors and I don't think they did beyond checking to see that depth and time matched my story.) Until there's a good reason not to, this seems like due diligence on their part.
For the sake of argument, let's say there's a fatality (or serious, potentially litigable injury) but no government entity secures the gear. What SHOULD be done with it? I guess I'd assumed in a bad accident SOMEBODY with authority would haul it away. But having seen emergency response to an IPE case, I realized that our firefighters are wonderful humans but admittedly inept with diving situations so that might not happen. If the victim isn't dead on the beach, I doubt police would even show up. (In the case of a missing diver later found dead, police would be all over it.)
With respect, if an investigator or attorney hired by the victim wanted to claim it, I'd decline barring a court order or direction from my own counsel to do provide it to them. I wouldn't hide it from them and would be happy to let them know who had possession if I didn't. If my LDS, my attorney, the university I teach SCUBA for, or insurance carrier wanted to claim it, I'd probably agree. (For most equipment issues, the fault would be the shop's or the victim's and not mine. On the computer, I'd trust the manager to download the data.) But what if it was the victim's personal gear? I don't really have a right to keep it, but I can guarantee I'd want to analyze it to the best of my ability and ideally have somebody independent analyze it before returning it.
If the victim's investigator and I could agree on a third party to receive it, that seems like an ideal solution. I wouldn't be trying to hide the truth so much as to make sure there's an honest assessment of the equipment. Alternatively, if the investigator wanted to analyze the equipment in my presence while I videotape what is being done, sure, no problem.
I'll add as a caveat that I am not seeking legal advice and will not rely on anything any attorney says in response to this on SCUBABOARD as constituting legal advice. What I'm after is "what's the morally right and careful thing to do?"
Mods: This might be better suited to a new thread. Ideally in a place accessible to
@Subfiend and others interested in the topic.
