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

[Ayisha]

Dry Suit Orientation

Orient divers to dry-suit use in confined water before
they use them for the first time in open water.​

Curiously, I do not see that standards violation listed in the complaint.

Yes it is.

Do we really have to paste the whole Complaint in the thread line by line?

 

[Ayisha]

didn't he defend them previously though?

Yes, he did.

 

[boulderjohn]

Yes it is.

Do we really have to paste the whole Complaint in the thread line by line?

Found it. Looked in the wrong place. Sorry.

 

[pauldw]

Permitted by who? I took the drysuit class, but certainly divers have bought drysuits and used them without taking the class or "special training."

Sounds like you're insisting that if there's no statutory law, there's no standard to be followed at all. Wrong. There's a reasonable person standard.

 

[wetb4igetinthewater]

Sounds like you're insisting that if there's no statutory law, there's no standard to be followed at all. Wrong. There's a reasonable person standard.

I would hope that we all agree that a reasonable person (instructor) would conduct pool orientation which would include

1. Before going into pool, have student try on dry suit and undergarments to ensure proper fit
2. Ensure regulator assembly was in proper working order and that the inflator hose coukd connect to dry suit.
3. Ensure BCD was adjusted for proper fit.
4. Ensure BCD had ditchable pockets and weight belt
5. In the pool determine proper weight amount and distribution so that student could comfortably hover.
6. Conduct inverted skill

What did I miss?

 

[MrVegas]

Sounds like you're insisting that if there's no statutory law, there's no standard to be followed at all. Wrong. There's a reasonable person standard.

Of course, I agree. I was only saying that the complaint appears to be imply that there is some requirement to do something before being permitted to dive in a drysuit. Anyone can buy a drysuit and go diving in it if they want. I am sure there are lots of drysuit divers that never took the class. (I'd be curious to know the percentage.)

Also, I don't know Montana law and don't know if this applies to this case or not, but Montana does appear to have legal provisions that govern the inherent risk of recreational activities and the effectiveness of liability waivers:

27-1-753. Limitation on liability in sport or recreational opportunity, MCA

 

[Wookie]

I am sure there are lots of drysuit divers that never took the class. (I'd be curious to know the percentage.)

And DPV operators, and cavern divers, and wreck divers, and boat divers, and night divers, and that list is as long as someone’s offering of a c-card list. I have distinctive specialties of my own I no longer teach. As BoulderJohn says, a lot of this hinges on whether this was an instructional dive or not, or if the plaintiff can show that Linnea had a reasonable expectation that this was an instructional dive.

The way I (as an informed layman) read the complaint, she has reason to believe that she was enrolled in a class, and that Snow was her instructor. IMO the case will hinge on who most clearly presents each side of that case.

 

[Marie13]

Did Gull have drysuits for rent? Did they put Linnea and the other student in contact with the drysuit seller because they didn’t have drysuits for rent at all (or the ones they had were the wrong size) or because they didn’t WANT to rent to them?

 

[Wookie]

Yes, he did.

I just asked him.

Never.

I didn’t think he had, but I wanted to ask.

 

[CycleCat]

The way I (as an informed layman) read the complaint, she has reason to believe that she was enrolled in a class, and that Snow was her instructor. IMO the case will hinge on who most clearly presents each side of that case.

I agree. I read through the complaint once and even if it never specifically said so, I certainly got the impression that this was the shop's suggestion to get Linnea started on her AOW. Even if it is not spelled out in the complaint, I'm sure the plaintiff's attorney plans to steer the discussion that way in court.