Main Menu
Join Undercurrent on Facebook

The Private, Exclusive Guide for Serious Divers Since 1975 | |
For Divers since 1975
The Private, Exclusive Guide for Serious Divers Since 1975
"Best of the Web: scuba tips no other
source dares to publish" -- Forbes
January 2006 Vol. 32, No. 1   RSS Feed for Undercurrent Issues
What's this?

Story Teller

from the January, 2006 issue of Undercurrent   Subscribe Now

In Santa Barbara, CA, Faramarz Bolour of Santa Maria, California, said he bought a buoyancy compensator with a Sea Quest Air Source, a power inflator manufactured by Aqua Lung. Bolour said the power inflator malfunctioned during a dive off nearby Refugio Beach, causing him to surface rapidly and suffer an embolism. He sued Aqua Lung and Santa Barbara Aquatics, where he said he bought the BCD, claiming to have suffered permanent physical and neurological injuries that impaired his earning capacity and damaged his relationship with his wife. He claimed negligence, product liability, and breach of warranty.

Aqua Lung said Bolour fabricated his claims. It contended that Bolourís story about purchasing the Aqua Lung product was a lie, that photographs he claimed to have taken before the accident had been tampered with, that the Aqua Lung product did not malfunction and that Bolour did not suffer a diving injury. To avoid trial, Aqua Lung offered $10,000, which Bolour rejected, instead demanding $ 3,000,000.

Eight expert witnesses testified for Bolour: six doctors addressed Bolourís alleged physical and neurological injuries, an engineer addressed the alleged defects in the Aqua Lung product, and a scuba diving expert testified on diving procedures and equipment. Nine experts testified for Aqua Lung: a physician certified in emergency and dive medicine, a mechanical engineer, an engineer designer of dive equipment, two neurologists, a physician certified in nuclear medicine, a neuropsychologist, a photography expert and an expert on scuba diving procedures. Six of them testified for Santa Barbara Aquatics.

According to the National Law Journal, after a 14-day trial, the jury found 10-2 for the defense on product defect and 11-1 for the defense on negligence. Bolour was ordered to pay court costs, including expert witness fees for both Aqua Lung and Santa Barbara Aquatics. Bouler appealed last year, but the original decision was upheld, with Balour ordered to pay Aqua Lungís costs of $98,000 and $65,000 to Santa Barbara Aquatics Ė a stiff sum considering he could have walked with $10,000.

I want to get all the stories! Tell me how I can become an Undercurrent Online Member and get online access to all the articles of Undercurrent as well as thousands of first hand reports on dive operations world-wide

Find in  

| Home | Online Members Area | My Account | Login | Join |
| Travel Index | Dive Resort & Liveaboard Reviews | Featured Reports | Recent Issues | Back Issues |
| Dive Gear Index | Health/Safety Index | Environment & Misc. Index | Seasonal Planner | Blogs | Free Articles | Book Picks | News |
| Special Offers | RSS | FAQ | About Us | Contact Us | Links |

Copyright © 1996-2024 Undercurrent (
3020 Bridgeway, Ste 102, Sausalito, Ca 94965
All rights reserved.