Family of dead diver to sue boat owner

[rooster59]

Family of dead diver to sue boat owner

 

The mother of one of the five diving students drowned in Chumphon Sea said she would file a criminal lawsuit against the boat operator.

 

She also called for stricter inspection of the boat by relevant government agencies before issuing them operation license to prevent recurrence of the boat tragedy.

 

Mantana Suthanurak, the mother of  Ms Sumansa Suthanurak, 33, a pharmacist, revealed the planned legal action against operator of the Chote Tara 2 boat today (July 28) in Chumphon after going to Paknamchumphon Hospital to receive her daughter’s body for funeral ceremony.

 

She said she would consult the lawyer to lodge complaint with the police and pursue the case in the court.

 

She believed the deadly accident was caused by the recklessness of the boat operator and not of the diving students.

 

Full story: http://englishnews.thaipbs.or.th/family-dead-diver-sue-boat-owner/

 

 

-- © Copyright Thai PBS 2017-07-29

[robblok]

What i read is that the motor broke.. making them drift and causing them to sink. Maintenance is always a problem in Thailand and it would be good if the owner is charged and really has to pay a lot of money say 5 million per death and has to do some jail time.. and then i wake up and realize where I am.

 

Flooding walls not strengthened properly, they love to cut cost and it always costs others a lot. Had this boat been properly maintained that engine would probably not have failed. 

[Sheryl]

1 minute ago, robblok said:

What i read is that the motor broke.. making them drift and causing them to sink. ...

 I get the drift part but how does a failed motor cause a boat to sink?

[robblok]

Just now, Sheryl said:

 I get the drift part but how does a failed motor cause a boat to sink?

They drifted because of the failed motor... if you don't have a motor you can't position your boat correctly against the waves.. you can't steer it. Quite bad if the weather is not good.

[smutcakes]

Whether this goes anywhere rests solely on who the family of the dead girl are. Are they a someone (i.e rich, connected, family of ranking police/armed services) or just regular folk.

[smedly]

32 minutes ago, robblok said:

What i read is that the motor broke.. making them drift and causing them to sink. Maintenance is always a problem in Thailand and it would be good if the owner is charged and really has to pay a lot of money say 5 million per death and has to do some jail time.. and then i wake up and realize where I am.

 

Flooding walls not strengthened properly, they love to cut cost and it always costs others a lot. Had this boat been properly maintained that engine would probably not have failed. 

what ever happened must have been quite sudden, why did the captain not get these people out on deck if there was a danger of the boat rolling over - also why no life rafts, so many things wrong here but it is of no surprise at all, Thais think they know better and break every rule that is presented too them because they can, a fine example is on the roads - they know it is wrong but just do it anyway.

[robblok]

8 minutes ago, smutcakes said:

Whether this goes anywhere rests solely on who the family of the dead girl are. Are they a someone (i.e rich, connected, family of ranking police/armed services) or just regular folk.

You are probably right, one of the many things wrong here. But we are talking about 5 deaths here..  Still you are probably right if the boat owner is connected.

[NCC1701A]

ironic as the dive students were best equipped to survive.

 

the photo of the mother is heartbreaking.

 

 

 

 

 

 

[HiSoLowSoNoSo]

57 minutes ago, robblok said:

They drifted because of the failed motor... if you don't have a motor you can't position your boat correctly against the waves.. you can't steer it. Quite bad if the weather is not good.

That's why you should always carry a sea anchor drogue onboard, but sadly most Thai charter boat captains have never heard about a Sea anchor (and many other things that you should carry onboard if you operate a charter boat)  

[coulson]

The dive sites there are 45 min to 1.5 hours off shore depending on the vessel. None of the other operators were going out at all for up to 2 weeks prior. Really awful judgement by the captain to expect the weather may just clear up for a couple shallow dives. Even if it had held off temporarily, the visibility would have been zero. It's a really bizarre incident.

RIP to those lost and hope the families follow through, it may help towards ending the pointless loss of life at sea caused by shady businesses.

[smedly]

anyone that gets involved with any type of motorised vehicle on the roads or at sea were a Thai is in control needs their head examined - there are either no safety standards at all or they are not enforced including road traffic laws, the authorities scratch their heads and wonder why there is so much carnage on the roads - it really is very simple, ask every Thai driver that has an accident if they knew they were breaking the law when it happened or doing something wrong or dangerous - they will say yes - they will also say that they do it because they know they can get away with it...........no enforcement

[jaywalker]

1 hour ago, Sheryl said:

 I get the drift part but how does a failed motor cause a boat to sink?

It could drift onto some rocks, or take a big wave on the side & down it goes.

 

Sounds like the latter happened over in the Chumphon section of the forum about this & all say the seas have been quite heavy in that area recently = they probably should have stayed at the dock to begin with.

 

There's a reason boats have motors.

 

 

[thaibeachlovers]

Reading some of the posts on here, it appears that some have never been to the Thai islands. None of the boats I've used, other than the big tour boats are maintained or safe. Even the fast ferry to Samui never used to have life jackets till one sank and people drowned.

Ever been on the rust bucket Chinese rejects that are used as car ferries to Samui? The inflatable life rafts obviously would be unable to be used.

 

Perhaps the government would do well to start issuing licences for ALL vessels used for passengers, including the unmuffled longtail wrecks that are used all over the islands, subject to passing a proper inspection, requiring lifejackets, motor maintenance, and radios for all vessels going off shore.

[Lucky mike]

Another innocent loss of life no doubt driven by money !  Apathy is king.....

[jaywalker]

10 minutes ago, thaibeachlovers said:

Reading some of the posts on here, it appears that some have never been to the Thai islands. None of the boats I've used, other than the big tour boats are maintained or safe. Even the fast ferry to Samui never used to have life jackets till one sank and people drowned.

Ever been on the rust bucket Chinese rejects that are used as car ferries to Samui? The inflatable life rafts obviously would be unable to be used.

 

Perhaps the government would do well to start issuing licences for ALL vessels used for passengers, including the unmuffled longtail wrecks that are used all over the islands, subject to passing a proper inspection, requiring lifejackets, motor maintenance, and radios for all vessels going off shore.

On Phangan in Jan 2005. I could see the lights of boats at night zipping back & forth at incredible speed.

 

Luckily I was on Had Leela, over the hill from the madness of the "party" over there....Yes, I wound up there on a full moon by accident.

 

One of the boats had 3 outboard engines installed, but was only licensed for 2 engines. The steering cable broke, at speed, & the boat capsized, killing 3 tourists.

 

Safety-schmaftey. It's all about the baht.

[sawadee1947]

1 hour ago, smedly said:

there are either no safety standards at all or they are not enforced including road traffic laws,

I get that, but what is your point then?

[smedly]

9 minutes ago, sawadee1947 said:

I get that, but what is your point then?

well without quoting the rest of my post there actually is no point and if you didn't understand my whole post then I'm not going to explain it for you because if you didn't get it you never will

[atyclb]

4 hours ago, robblok said:

They drifted because of the failed motor... if you don't have a motor you can't position your boat correctly against the waves.. you can't steer it. Quite bad if the weather is not good.

yes the boat must head into the wave perpendicular to it akin to how a surfer pushes through waves . the assumption is the boat had functional spotlights so they could see the waves and judge steering even if the motor was working???

 

one of the most important concepts a surfer learns is to not allow the board to be parallel to an oncoming wave as it is a sure way to disaster 

[metisdead]

An off topic post has been removed. 

[smedly]

19 minutes ago, atyclb said:

yes the boat must head into the wave perpendicular to it akin to how a surfer pushes through waves . the assumption is the boat had functional spotlights so they could see the waves and judge steering even if the motor was working???

 

one of the most important concepts a surfer learns is to not allow the board to be parallel to an oncoming wave as it is a sure way to disaster 

a boat is not a surf board and the concepts are not even remotely similar, boats do not ride waves they would very quickly get into trouble if they tried, a boat needs to be either moving faster than following waves or heading into them, a faster following wave has the effect of turning a boat around and making it impossible to steer, a surfer  uses the wave for forward motion constantly falling as the water is forced upwards and unlike a boat is highly maneuverable   

[LomSak27]

Valuable Information for ThaiVisa Super Sleuths

The bodies of four women and one man, all in their 30s and 40s, were recovered from UNDER the vessel near Koh Ngam Yai early Thursday following several hours of searching by marine police. The engine failed so another boat was called to tow it back to the mainland. Whilst towing the rope snapped and the stricken vessel went down fast. Everyone who was in the saloon area was trapped and drowned.

[just.a.thought]

The boat capsized, 6 people got trapped in the salon one escaped the rest drowned. The boat does not look like a particular stable design especially with 7 people up top while floating broadside to the waves.

 

 

 

Edited July 29, 2017 by just.a.thought

[dcnx]

6 hours ago, NCC1701A said:

ironic as the dive students were best equipped to survive.

 

 

 

 

 

 

There is honestly no excuse here. They had gear, including jackets. Incompetence all the way around.

[atyclb]

6 hours ago, smedly said:

a boat is not a surf board and the concepts are not even remotely similar, boats do not ride waves they would very quickly get into trouble if they tried, a boat needs to be either moving faster than following waves or heading into them, a faster following wave has the effect of turning a boat around and making it impossible to steer, a surfer  uses the wave for forward motion constantly falling as the water is forced upwards and unlike a boat is highly maneuverable   

 

 

what???

 

paddling out to the position to wait for waves the concepts and dynamics and physics are very similar. you must charge an oncoming wave straight on at 90 degrees, perpendicular to the wave. Not parallel to it or you will get rolled over sideways akin to a boat rolling over.  these same techniques are used by the boats-catamarins that take passengers  to ride waves on the catamaran or canoe aka hawaii surfriding canoes.  you can see how the canoes charge through at 90 degrees to wave. surfboard dynamics is exactly the same whether you push the board over the wave or duck dive under it. my post is NOT about catching waves to ride but about technique to get through the waves paddling out.

 

 

Edited July 29, 2017 by atyclb

[atyclb]

23 hours ago, LomSak27 said:

Valuable Information for ThaiVisa Super Sleuths

The bodies of four women and one man, all in their 30s and 40s, were recovered from UNDER the vessel near Koh Ngam Yai early Thursday following several hours of searching by marine police. The engine failed so another boat was called to tow it back to the mainland. Whilst towing the rope snapped and the stricken vessel went down fast. Everyone who was in the saloon area was trapped and drowned.

 

 

having life vests strapped on in the salon or lower compartment of a boat becomes a death device in a capsized boat if it floats you up to the floor or wall that is now the roof with no exits. they should have been on a deck level and the fact that a "divemaster" instructor was among the drowned this was attests to the lack of training, experience, critical thinking any or all of the above.

[overherebc]

1 hour ago, atyclb said:

 

 

having life vests strapped on in the salon or lower compartment of a boat becomes a death device in a capsized boat if it floats you up to the floor or wall that is now the roof with no exits. they should have been on a deck level and the fact that a "divemaster" instructor was among the drowned this was attests to the lack of training, experience, critical thinking any or all of the above.

lifejackets on when inside will kill you rather than save you as you say.

The reason you are told pre-flight  ' inflate when you leave the plane '

Edited July 30, 2017 by overherebc

[Deeee]

On 29.07.2017 at 10:02 AM, smedly said:

what ever happened must have been quite sudden, why did the captain not get these people out on deck if there was a danger of the boat rolling over 

During a storm, staying right on deck is risky. Generally, there is a greater chance of harm/death if one falls off the boat than if one stays on, and it's easy for people to lose balance on deck during a storm (hard to grasp wet railings, waves might wash over the deck, boat may heel left to right with oncoming waves, strong winds, poor visibility etc). For instance, if a sailor has to stay on deck during a storm, he straps himself to the boat with a harness for that reason.  

Life jackets are typically the way to go also, primarily because most deaths occur once someone falls off the boat.

I'm surprised that there was only a single engine onboard. I'm also surprised that other boats refused to assist earlier, because 'they were not large enough' to tow. They were surely large enough to accept 13 passengers from a boat that was at risk of capsizing, and bringing them safely to shore. A motor boat without a motor drifting at sea during a storm is an emergency. In the US the law states that you have a legal (and moral) obligation to save lives, and that this obligation doesn't extend to saving property, aka: the boat itself. 

At 7pm, when the boat capsized it was already dark, which would have made escaping a sinking boat that much harder, especially if you were trapped underneath below the deck.