Friday, September 13, 2019

NTSB PRELIMINARY REPORT ON DIVE BOAT

by Bob Walsh

The National Transportation Safety Board preliminary report is in on the dive boat tragedy. They asserted without equivocation that there was NO night watch / fire watch posted as was legally required. The entire crew was asleep when the fire broke out.

Obviously the operator disputes this, though on what basis I do not know. Assuming this position is upheld on the final report it will leave the operator in an awkward position. Their attempt to avoid any significant civil liability hinges on the captain and crew exhibiting normal, reasonable care towards the passengers. The bar is very low, simple negligence (as opposed to gross negligence) is all that is necessary to cause them grief. IMHO (for what that may be worth to you) failure to post a legally required night watch / fire watch would certainly be considered a failure to exhibit reasonable care. I do not see this ending well for the operator and insurer from a financial liability position. It could also result in prosecution under the Seaman's Manslaughter Act.

Of course it already ended unwell for all 33 passengers and one crew member.

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