Suit filed in case of "Girl dead, boy injured at Glacier National Park

[Esprise Me]

But she couldn't power up against 44 pounds -- if she had 10 pounds of weight, inflating her BCD, finning and the rescuer's inflated BCD, surely that would make a difference, yes?

But really the reason I was surprised to hear "44 pounds" is how did an instructor think "yeah, that sounds normal, let's dive".

Especially since her BCD had only 29.2 pounds of lift.

 

[M DeM]

Typically, law enforcement investigates and makes a recommendation to the district attorney, who has discretion to decide whether to file charges. As @Marie13 points out, the coroner found it to be an accidental death based in part on statements made by the instructor. Perhaps the information that comes out of this civil suit will prompt them to reopen the investigation.
.

Have there been cases where instructors have had criminal charges brought up against them? I mean... part of me thinks there's GOT to be more to this story because ... well, I just can't see anyone in their right mind making the decisions that the instructor made."

 

[runsongas]

not an instructor, but there was that case from australia a while back with the honeymooners

 

[Griffo]

Have there been cases where instructors have had criminal charges brought up against them? I mean... part of me thinks there's GOT to be more to this story because ... well, I just can't see anyone in their right mind making the decisions that the instructor made."

Given her public posts on FB about this incident, I'm not sure she is what I would call a logical thinker.

 

[wetb4igetinthewater]

Especially since her BCD had only 29.2 pounds of lift.

Breaking down the physics. She had 29 lbs of lift. WIthout all that lead, she would be positively buoyant wearing a dry suit, even if no air is inside. However, 44 lbs is so incredibly much. Having 20 lbs in the pockets would inhibit finning as well.

I don't know if I'd be strong enough to overcome all that weight and the restriction imposed by a shrink wrapped dry suit and 20 lbs at my upper thighs.

 

[Griffo]

not an instructor, but there was that case from australia a while back with the honeymooners

Which was pretty much a mis-carriage of justice.
And not directly relatable as as he plead guilty due to a very specific Qld state law about failing to render assistance. 4.pdf (austlii.edu.au)
and from one of our members Michael McFadyen's Scuba Diving Web Site (michaelmcfadyenscuba.info)

But lets not take this thread off topic.

 

[Esprise Me]

not an instructor, but there was that case from australia a while back with the honeymooners

I'm guessing you're thinking of Tina Watson. Different legal system, and from what I read, a lot of unjust shenanigans; probably not very instructive for this case. I'm sure there have been lawsuits against scuba instructors in the US, but I can't name any off the top of my head.

ETA: not sure though if there have been criminal cases like this.

ETA2: Found this old thread, might be relevant: Criminally negligent homicide?/Scuba Instructor Faces Charges (merged threads)

 

[Marie13]

But she couldn't power up against 44 pounds -- if she had 10 pounds of weight, inflating her BCD, finning and the rescuer's inflated BCD, surely that would make a difference, yes?

But really the reason I was surprised to hear "44 pounds" is how did an instructor think "yeah, that sounds normal, let's dive".

Linnea’s BC had 29 lbs of lift, per the court filing.

 

[Bob DBF]

Once again, whatever weight you use for your diving, especially with a drysuit, is irrelevant to this situation. She had no inflator, so her drysuit was less buoyant than a wetsuit. At the greatest depths, it would have squeezed her so badly that she was probably less buoyant than going with nor suit at all.

I would also add that the supervision one would expect to have, as a student, was lacking.

Although I wouldn't consider letting a student in the water in a drysuit without an inflator, but I'm not an instructor, I sure would be watching that student, since the possibility of an accident has increased considerably.

 

[Ayisha]

...Although I wouldn't consider letting a student in the water in a drysuit without an inflator, but I'm not an instructor, I sure would be watching that student, since the possibility of an accident has increased considerably.

Diving to any depth without the possibility of inflating the drysuit is a non-starter.