Red Bank, New Jersey | confidential | Scuba Diving
The plaintiff was a 40-year-old male who along with friends was interested in taking an introductory dive course to become a certified scuba diver. As part of the basic certification, Alfaro and a group of friends were made to dive in extremely rough, choppy and cold water as part of their "navigation dive" in order to become certified. Alfaro, when halfway to the destination, became entangled in the dive line which was attached to a small dive float that he had with him. Alfaro began to panic and, because of the cold environmental conditions, was faced with a "free flow" of air from his regulator which he was breathing from. As a result of this regulator malfunction, entanglement in the dive line and panic, he began to struggle and go under the water. His diving instructor, who was quite overweight and out of shape, was trailing behind him and he took an inordinate amount of time to reach his student. The dive instructor failed to carry out basic emergency and life-saving techniques, and his student succumbed while in the water. Emergency efforts were attempted on shore without success. Mr. Alfaro left a wife and three children in the Dominican Republic. Two weeks prior to trial, the case settled for a confidential amount.
Mr. Ballow was asked to become involved in this case by New Jersey counsel as a result of his background in scuba diving litigation and his scuba diving training.
