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

[MrVegas]

We have only seen the complaint, it would be interesting to see the answers.

There are over 90 filings on the court docket for this case now, including the complaint, first and second amended complaints, and answers of the various parties, and PADI's motion for partial summary judgment (among many other filings). They are publicly available for 25 cents per page. They are not publicly posted (like some courts), so you have to e-mail the clerk and ask. The case number is DV-32-2021-544.

(I have nothing to do with the case, and don't know anyone involved. I was just interested enough to look into it.)

 

[boulderjohn]

I'd be curious to hear of any case law in any state that says you have NO duty to a dive buddy. How much of a duty, I can see varying considerably, and in some states there might not be any statute or published case on point to provide specific, controlling authority. But I would be very surprised if any jurisdiction held there was no duty of care at all.

I am aware that this question was asked about the United States. There are cases outside the United States that are interesting because they absolutely do require action for others on a dive. I am not an attorney, so I am passing along a layperson's understanding of each case.

• In 2003, Gabe Watson, certified as a Rescue Diver by NASDS, attempted to rescue his newly certified wife, Tina, in Australia. He failed. Under the law of that area in Australia, he was not only obligated to attempt to rescue her, he was obligated to provide an effective rescue. He pled guilty to manslaughter and served a year in jail. (A later attempt to prosecute him for a supposed deliberate murder ended when it became obvious that some of the myths surrounding the case were untrue and he was merely incompetent.)
• In a truly frightening case, the most senior diver in a dive group in Malta was charged (IIRC for murder) for failing to provide an effective rescue for 2 members of his group who were determined to have died from immersion pulmonary edema. (He did try to rescue them.) He was a certified instructor, but there was no instruction involved--he was selected for prosecution as the most qualified member of the group. It was also charged that as the most qualified member of the group, he should have decided that conditions were too difficult for the group and called the dive off. Charges were eventually dropped.

 

[Edward3c]

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.

This get cited every now and then, but I’ve yet to see any evidence presented.

I’m happy to declare to the dive op I’m an advanced instructor, the few times I’ve been asked to ‘help out’ I inform them my rate is US$2,500 per dive. Not been taken up on it yet.

 

[wetb4igetinthewater]

This get cited every now and then, but I’ve yet to see any evidence presented.

I’m happy to declare to the dive op I’m an advanced instructor, the few times I’ve been asked to ‘help out’ I inform them my rate is US$2,500 per dive. Not been taken up on it yet.

David Concannon represents most plaintiffs. When he says what he does, I listen. It is up to the reader to decide whether they wish to exercise caution.

 

[Wookie]

David Concannon represents most plaintiffs. When he says what he does, I listen. It is up to the reader to decide whether they wish to exercise caution.

He was a defendants lawyer back in the Tuvell case days. He has defended Lamartek against Wes Skiles widow, defended Richie Kohler against Terry Dewolf’s widow, is currently defending rEvo against Rob Stewart’s parents.

As far as I know, in diving cases he didn’t become a plaintiff’s lawyer until Ashley Bugges’s case against Fox.

 

[wetb4igetinthewater]

He was a defendants lawyer back in the Tuvell case days. He has defended Lamartek against Wes Skiles widow, defended Richie Kohler against Terry Dewolf’s widow, is currently defending rEvo against Rob Stewart’s parents.

As far as I know, in diving cases he didn’t become a plaintiff’s lawyer until Ashley Bugges’s case against Fox.

As per our DM, it was Peter Meyer who gave the presentation. I was in the back. Again, something every dive pro should see. Actually, it should be seen by anyone considering to become a dive pro (which many would opt not to). The liability/compensation ratio is way out of whack. The low bar of training and the normalization of deviance results in a lot of events that often get swept under the rug (like the dive guide that took 5 people inside a wreck in Colon, Philippines - reported on FB, discussed here), all on single tanks, no line, no lights).

I do believe this tragedy is in a different category. But I also do believe that it is not uncommon for instructors to be pushing the boundary of safety knowingly/unknowingly, and often under pressure of the dive center (please, no one chime in with "no one forced them").

 

[formernuke]

Slightly related. I recently turned down a instructor job where they said they could keep me very busy.

My reason, they insisted I teach and encourage the purchase and use of air 2. I responded with that is the only piece of equipment I consider unsafe in real world potential applications I will use one much less teach in one. They said mandatory, I said thank you for your time nothing against you guys a a shop or people but I won't do it.

 

[Jim Lapenta]

This get cited every now and then, but I’ve yet to see any evidence presented.

I’m happy to declare to the dive op I’m an advanced instructor, the few times I’ve been asked to ‘help out’ I inform them my rate is US$2,500 per dive. Not been taken up on it yet.

Same here. I tell the op my trip is comped, the "buddy" needs to sign a waiver I have in my logbook, and it's $75-125 cash per dive depending on the profile (recreational) for my services. Not as expensive as you but still no takers on it.
Most times showing a tech instructor card gets me more freedom than the rest of the group. I've had DM's tell me they were taking the group this way. I could do whatever I wanted as long as I was back at the line at a certain time.,
Funny that tech charters I've been on have never asked those on board to buddy up if they were solo. Just wanted a run time.

 

[boulderjohn]

Most times showing a tech instructor card gets me more freedom than the rest of the group. I've had DM's tell me they were taking the group this way. I could do whatever I wanted as long as I was back at the line at a certain time.,

That has been my experience. I am given way more latitude to do my dive than others divers would get.

Funny that tech charters I've been on have never asked those on board to buddy up if they were solo. Just wanted a run time.

Same here. A dive operation I used to use regularly had a policy of requiring buddies for recreational dives. I was always a single diver on those boats, and the DMs always did their best to put me with top level divers. On tech dives, however, those same DMs left me alone.

 

[Omisson]

I started this thread and have been following it for nearly the past year. I haven't posted much because I have seen a number of things that give me pause and also piss me off. I have also been involved with contacting the US Attorney and Attorney General over the way they handled/ are handling the case.
I have also spoken to Linnea's mother and seen the way she has been treated. It is disgraceful what happened and how it happened.
Whatever the outcome, a girl died for no good reason and there were factors that contributed to that beyond her control.
She trusted so-called dive professionals and did what they said to do. The fact that they were even at the site, without a permit, in the conditions that day calls into question the judgement and level of "caring" of the instructor.
Those conditions were such that the average tech diver, unless they had a very good reason, would have said screw it. In fact they would have given the cluster of just trying to rush into the water before dark. Then to suggest anyone dive without a hose to connect the drysuit? Caring?
Give me a break. Absolutely no excuse for that in any way, shape, or form.
I can empathize with the family. My daughter passed away 2 weeks ago.
It wasn't an accident. It was natural causes and I know the feeling from that.
This wasn't natural, and calling it an accident is a stretch. Some accidents happen with no obvious cause.
There were several obvious causes/factors here. All of which were in the control of the instructor. They chose not to exercise control or caution.
Why? It doesn't matter. Short of a mental break there is no excuse for the entire episode. This trip, with a prudent instructor, would never have happened.

Sorry to hear about your loss Jim. Hang in there.