Any time someone dies in an accident of any type, intense feelings of sadness and loss are prevalent among those left behind. When family members and others believe that the accident which took their loved one’s life could have been prevented, a lawsuit may be filed. Here, we’ll take a look at a tragic accident that happened in July of 2011 in which a boy lost his life while participating in a Discover Scuba program, and at the lawsuit which followed.
The Accident
On July 13th of 2011, a 12-year-old boy was diving in about 14 feet of water, in a roped-off area in a lake, where the Boy Scouts of America, a Boy Scout Aquatic Camp, a PADI dive instructor, and a scoutmaster were holding a special Discover Scuba program. In the diving area, a line was laid along the lake bottom to guide participants back to shore.
The scoutmaster and dive instructor surfaced while two boys were still holding onto the line. When the instructor dove again, the boys were out of sight, no longer holding onto the line. One boy was discovered some distance from shore and brought in alive; the other was not found until 30 minutes later. He was unconscious when he was brought to shore, and when he was rushed to the hospital, he was pronounced deceased.
The Lawsuit
A wrongful-death lawsuit was filed in U.S. District Court on behalf of the boy who died in the accident. The Boy Scouts of America, the Boy Scout Aquatic Camp, the dive company involved, the dive instructor, and the Boy Scout Leader, along with PADI, were all named as defendants in the suit.
The lawsuit alleged that the defendants failed to ensure that the boy involved in the accident was properly dressed, weighted, and equipped. It further stated that the equipment which was provided was defective, and that the defendants failed to manage, monitor, and properly supervise the boy’s air supply.
Further, the lawsuit alleged that when the emergency arose, the defendants failed to properly aid and rescue the boy; in addition, the lawsuit stated that the defendants failed to properly prepare and implement an appropriate dive plan.
The boy’s parents also claimed that all the defendants in the case were negligent and strictly liable. They further claimed that defendants failed to warn program participants about the dangers posed by participating in the diving program.
In analyzing the facts in this case, we come to wonder about other specifics and notice that it seems many mistakes were made. While no outcome has been published by the court to date, the most glaring problem here is that two adult divers left two children, both inexperienced, to fend for themselves underwater, without actually keeping eyes on them and verifying that they made it to the surface safely.
Whether you are a parent, an instructor, or “just” another dive buddy, this tragic case serves to illustrate the importance of remaining alert at all times, and never falling into even the slightest amount of complacency.