U.S. Dive Boat Owner’s Liability Might Increase

Under current U.S. Maritime Liability Law, after an accident, the owner of any seagoing vessel can limit damage claims to just the owner's interest in the vessel. This doesn't add up too much if the vessel is a complete loss, as was the Conception after the fire killed 34 divers.

The liability law has its origins in 19th century England and was meant to promote the shipping business over the interests of the seagoing public. The 1851 law is time-tested and was successfully used to protect the owners of the Titanic from punitive damages. Currently, vessel owners, including dive vessel owners, pay hefty fees for liability insurance, and this limitation to liability is factored into these insurance rates.

A recently introduced bill sponsored by California congressional Democrats would change U.S. law. If passed, owners of small passenger vessels, including dive vessels, could be held legally responsible for maritime accidents. The owners would be mandated to compensate victims and their families regardless of their boat's value after an incident. The bill, written in response to the Conception fire, would apply retroactively to September 2, 2019, therefore covering the Conception victims.

The dive industry is a bit in a quandary over the bill since it would likely mean that dive boat operators' insurance rates would jump, leading to higher rates for diving.