Wesley Skiles, one of the most known and respected underwater cinematographers in the world, died during one of his dives as, according to a new lawsuit filed by his widow, his breathing equipment failed, reports the Courthouse News Service.
According to the suit, Dive Rite, the maker of the scuba gear worn by Skiles, knew that the oxygen monitoring system, recalled several times due to malfunctions, caused her husband's death.
The suit further alleges that Dive Rite allegedly ignored "serious quality control issues" and tampered with evidence after Skiles' death.
Named in the suit are Lamartek Inc. dba Dive Rite; Dive Gear Express LLC fka Dive Rite Express; Fill Express LLC aka Dive Rite Express; Mark E. Derrick; Juergensen Marine Inc. and Analytical Industries Inc.
The defendants are accused in the suit for negligence, strict liability, breach of warranty, conspiracy to spoliate evidence, and civil conspiracy.
In July of 2010, Skiles borrowed a used Dive Rite o2ptima FX Rebreather from a third party – after Dive Rite had replaced a few parts during a maintenance check and assured the customer that the unit was approved for use.
While working on National Geographic's film "Speed Kills" and using the rebreather, tragedy struck. Skiles' widow explained, "Due to an unexpected catastrophic failure of the subject 02ptima FX rebreather during the dive, Wesley Skiles passed out underwater and died. This tragedy would not have occurred but for the tortious conduct of defendants Dive Rite, Dive Rite Express, Mark Express, Jurgensen Marine Inc. and Analytical Industries Inc. The subject rebreather was being used as intended at the time of the incident and in a manner reasonably foreseeable by the defendants."
According to the charge of evidence tampering, the suit states, "Thereafter, (M.D.) and Dive Rite Express acting in a joint venture with and/or as an agent of defendant Dive Rite interfered with the investigation into the death of Wesley Skiles when, at the request of (M.D.) conducted the inspection of the subject 02ptima FX rebreather, which resulted in the spoliation of evidence in this case."
Skiles' widow contends in the suit that her husband's death was preventable. The suit continues by stating, "In the years preceding the incident, Dive Rite was aware of serious quality control issues with the 02ptima FX rebreather…Additionally, all defendants knew of problems associated with the oxygen sensors being used in the 02ptima FX rebreather. Batches of oxygen sensors purchased from defendant Analytical Industries Inc. had been recalled in 2007, and subsequent batches continued to contain defective sensors…Dive Rite and the other defendants disregarded these serious life-threatening defects in the 02ptima FX rebreather."
Damages are sought for wrongful death, deceptive trade, conspiracy to spoliate evidence, negligent spoliation of evidence, breach of warranty, costs and funeral expenses.
Loosing a loved one in a fatality is difficult; having the knowledge that it was preventable may double the pain. If you have lost a loved on in a wrongful death, contact a personal injury lawyer to file your lawsuit. Monetary awards are often made for your damages.