Health and Safety
The Use of Trial Exhibits by Expert Witnesses in Litigation
I did an article for Undercurrent called "Anatomy of A Diving Lawsuit" in 2009 that dealt with the analysis of a specific single case and trial that I worked on as the defense maritime and diving expert. This involved the disappearance of two divers at Cocos Island, nearly 500 miles offshore of Costa Rica. This is follow up piece that expands the narrative. A key thing at trial is being able to use exhibits during testimony to help the jury understand complicated facts, theories, and the geography on an area where an accident or fatality has occurred. It's a complicated process and most trials end up being won by primary expert witnesses during their live testimony. Doing the "grunt" work on the files is fairly routine but takes time and a bit of careful strategy in coming up with a defense posture that can play effectively to a judge or jury. But there is nothing like the pressure of a live deposition or trial wherein the absolute necessity for extemporaneous and calculated quick thought plays such a vital role. As an expert witness, it is impossible to fully anticipate where the cross-examination will go, what ploys are attempted by opposing counsel, what tactic to deceive you about the actual evidence or prior testimony may be taken, etc. It is a very stressful role to play as you must not only protect the defendants' conduct with sometimes very extemporaneous responses, but also remember to maintain control and speak to the jury as a credible, likable, and professional witness in whom they should place their trust to explain the complicated facts and nuance so they choose to favor your opinion over that of the opposition. It is an arena that few people do well in and requires a tremendous degree of control and... More »
Tanks and Weights
Well - maybe it shouldn't have taken me by surprise. But it did. A communicating New England area dive shop told me, "It's OK to sell integrated weights BCs because divers don't drop their weight-belts anyway." An honest peddler - at least honest in describing his outlook. Almost as bad as, "I have insurance for that." Under the banner of, "It's our livelihood," we have dangerous junk being sold because "...they don't drop their weight-belts anyway..." (that really floored me), "Sell the aluminums 'cause we can "crack fail" them in a couple of years." "It's a 'low-flow' regulator - they put them on pony bottles." Someone tried that one on me. Imagine? Putting what he classed as a "low flow" regulator on a "pony bottle" justified its existence in some way or other. I couldn't make the connection - but - if the effen thing was for making an escape to the surface, why put all your marbles into a "low flow" regulator? The last people who should be passing their hands over scuba cylinders are people who sell them. In this economy, the lure is too great. The DOT almost prohibits such a close association. TITLE 49 CFR 2010 (107.803):: "...No independent inspection agency...may have a financial involvement with any entity that manufactures cylinders ...except as an independent inspector (such as myself ). Fred Calhoun doesn't sell cylinders, he is "qualified" to inspect, and he inspects. His customers often visit dive shops for air fills, and are subject to a litany of questions implying that maybe there's something wrong with the cylinder, or the person who did the inspection and affixed the EOI sticker. I'm qualified (I don't sell the things). I have a wallet c-card that has my name on it - says I'm qualified. I wrote the book SCUBA CYLINDERS... More »
Nitrox and Other Gases
A reader of Britain’s Diver Magazine recently wrote to me complaining that I had admitted in print to using independent twin tanks, one tank with air (MOD 182 feet at 1.4 bar ppO2) and one tank with nitrox 32 (MOD 108 feet) for a dive to 165 feet. He congratulates me on effectively using a single tank of air at 165 feet and asks what I would have done had my regulator failed? Well, I would have used the one on the other tank! Bear in mind, regulators and other equipment subject to high gas pressures usually fail when that pressure is at its highest. That is to say at the very beginning of a dive, not half way through it, unless it's caused by icing. In a history of a great many dives I have yet to experience a true failure in seawater other than within the first moments of turning a tank on. He goes on to ask what I should tell newly trained divers about going to 165 feet with only one tank. I answer that newly trained divers should stick to the depth limits of their certification and that if a PADI Open Water diver can go to 60 feet on a single tank, I believe a suitably trained and experienced diver with a twinset can go 60 feet below the MOD of the gas in his second tank providing he is breathing a suitable supply of gas in his first. Even then, the ppO2 limit of 1.4 bar is a limit currently set by training agencies with an eye on litigation. When we started using nitrox around fifteen years ago, we all used at least 1.6 bar as a limit. A limit of 1.6 bar ppO2 gives an MOD for nitrox 32 of 130 feet, so at 165... More »
Dive Accident Symptoms Delayed 6 Months?
(Q) 06.09.11 “Is it possible to suffer any problems from diving 6 months AFTER the dive? I had what I would consider a fairly normal dive experience. We were in Fiji and we dove to a max of 100ft. We flew home to New Zealand 2 days later. I had a panic attack (had only ever had one before in my life) where I felt like I couldn't breath about 3 weeks later but that was the only "odd" thing that happened. I've since flown to the States and back and when I returned from the States (it was almost 5 months post dive) was when I started noticing severe shortness of breath. (tests at the doc confirmed that I am only using 56% of my lung capacity and that my lungs are "restricted"). I never mentioned my diving because it never crossed my mind... especially since it was several months before the symptoms came on. I've had a lung x-ray and it showed no abnormalities. They haven't found a cause yet and the shortness of breath and chest tightness seems to be getting worse. A barium swallow and upper GI found some looping the bowel, but a chest x-ray, physical exam and EKG and exercise stress testing with echo were negative. Is there ANY chance it could be dive related??” (A) 06.14.11 “Hi m…., Given report that there was nothing abnormal in the dives, e.g., uncontrolled ascent, breath holding on ascent, chest discomfort, coughing up blood in the sputum; the first signs or symptoms of any medical problem weren't until about 3 weeks after the last dive ("panic attack," not further described); no pulmonary complaints (shortness of breath (SOB)) until about 5 months after ... More »
My Top 10 Tips on Teaching Kids to Dive and Diving with Kids
Sharing my strength, experience, and hope with you. Margo Peyton 1. Kids have very short attention spans, they learn better visually and by doing repetitively. Its one thing to tell a child his max depth is 40 feet for example, but go beyond that with kids. Tell them why; and don't make it about their ability or knowledge, make it physical! Tell them what can go wrong and what can happen. Give them an example. Don't scare them but inform them enough to make a difference. There is a fine line here. Kids are competitive and want to outdo their parents and each other at anything they can, so explain the mandates are about safety, not skill. Example: "Jennifer, your max depth is not 40 feet because your just learning or not a good diver, its 40 feet, because based on all the research we have with nitrogen effects on bone growth at your age, internal organ development and tissue saturation limits, that it has been determined to be the safest depth for your physical composition at this age." ( I even explain to 10 and 11 year olds, that it's like when they go to a doctor and get a certain dosage of medicine based on their age, weight etc. The amount of medicine has to be adhered to, because more than that can be dangerous.) I tell them nitrogen is similar, too much can be dangerous.) This takes the skill out of it and puts into perspective for both kids and adults the real risk factor of not following standards. 2. Gauges and depth. Once most kids are certified, it's all about skill to them. The deeper they go the cooler they think it is. They are constantly talking about depth. So I turn this around and try to make it all about... More »
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