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

[Wookie]

Rasmussen, et al., v. Bendotti, 107 Wn. App. 947; 29 P.3d 56; 2001 Wash. App. LEXIS 1962

“the court further reiterated that a diver's primary duty is to himself, or herself,” Rasmussen v. Bendotti, 107 Wn. App. 947, 952 (Wash. Ct. App. 2001)

 

[Wookie]

Brendan YACE et al., Plaintiffs and Appellants, v. Dennis DUSHANE, Defendant and Respondent. No. B162789. (Los Angeles County Super. Ct. No. BC272937) Dec. 16, 2003

"This is because a diver's panic is an inherent risk of the sport of scuba diving."

 

[Wookie]

Tancredi v. Dive Makai Charters, 823 F. Supp. 778 (D. Haw. 1993)

The Dive Makai defendants were negligent in not assigning a "buddy" for Tancredi. The evidence indicated that it is a breach of the standard of care in the recreational dive industry for a dive charter company to conduct a dive without assigning "buddy" teams. A "buddy" assumes the responsibility for monitoring and assisting the other member of the "buddy" team at all times during a dive. The court finds that it is probable that an assigned "buddy" would have assisted Tancredi by giving Tancredi additional air when he first indicated breathing difficulty and would have helped Tancredi to the surface at a time when his life could have been saved.

Interesting. As an operator, i would never consider assigning a buddy. This goes directly Rasmussen v Bendotti, above.

 

[Wookie]

And the final case was decided in favor of the Appellees, although I couldn't read enough to see if they said anything about buddies.

 

[Jonn]

So as a rando diver, I can show up at a cattle boat and be assigned an instabuddy, and suddenly I’m burdened with some legal responsibility for their conduct underwater?! That’s heavy. I’ll try and keep them in sight but I can’t really control what they do.

 

[wetb4igetinthewater]

So as a rando diver, I can show up at a cattle boat and be assigned an instabuddy, and suddenly I’m burdened with some legal responsibility for their conduct underwater?! That’s heavy. I’ll try and keep them in sight but I can’t really control what they do.

Basically yes. I am in the habit of hiring dive guides to separate myself for the pack. I do this for a few reasons: 1, maximize my dive time. 2, avoid stress induced by seeing how people kill reefs due to a lack of buoyancy control/awareness or complete disregard for the health of the reef so they can get a photo, and 3, I cannot be held responsible for anyone.

I would avoid diving in groups. like happens in Hawaii, as if someone has an issue and there is a court case, I'll automatically be on the list of defendants, especially as the plaintiff's attorney will contact all the major dive agencies and ask if any of the possible defendants are a dive pro. One reason to shore dive.

 

[boulderjohn]

I would avoid diving in groups. like happens in Hawaii, as if someone has an issue and there is a court case, I'll automatically be on the list of defendants, especially as the plaintiff's attorney will contact all the major dive agencies and ask if any of the possible defendants are a dive pro

It would be helpful if you would cite some instances in which this has happened.

 

[Wookie]

Basically yes. I am in the habit of hiring dive guides to separate myself for the pack. I do this for a few reasons: 1, maximize my dive time. 2, avoid stress induced by seeing how people kill reefs due to a lack of buoyancy control/awareness or complete disregard for the health of the reef so they can get a photo, and 3, I cannot be held responsible for anyone.

I would avoid diving in groups. like happens in Hawaii, as if someone has an issue and there is a court case, I'll automatically be on the list of defendants, especially as the plaintiff's attorney will contact all the major dive agencies and ask if any of the possible defendants are a dive pro. One reason to shore dive.

Or bring a diver who understands you

Or pick a boat that allows solo

 

[wetb4igetinthewater]

It would be helpful if you would cite some instances in which this has happened.

You may want to consider attending the legal presentation at DEMA. Every dive pro should at some point. I did so in 2017. I believe David Concsnnon gives the talk.

One thing I remember distinctly was the attorney saying one of the things he does is to get the list of all people on board and query dive agencies on whether any of those individuals is a dive pro with them.

The implications are obvious.

 

[Alaskan Scuba Dude]

Yet once again we find ourselves at the mercy of those whom, without objectivity, put profit before safety. My condolences to the PADI team; being one of the thankless few who truly understands the mindset of the obnoxious instructor (no matter which agency they represent), I graciously applaud your policy toward not being placated or moved by entreaty. As highly trained (I’m not one of them) professionals we must allow due process of law to take its course. A hastily run course often ends with inadequately trained divers who sooner or later find themselves at the peril of our wonderful oceans and waterways.