The family of Kenneth Lowery, may have a case for a wrongful death claim due to negligence, after Lowery died while scuba diving off Juno Beach on Wednesday, March 13.
Victim was participating in a group dive with his son
According to the Palm Beach County Sheriff’s Office, Kenneth Lowery and his 14-year-old son were part of a group dive excursion on the dive boat Republic IV operating out of the Jupiter Dive Center. The vessel left the dock at around 9:00am. At approximately 9:49am, the group of divers entered the water. Just minutes later, a teenaged male, later identified as Kenneth Lowery’s son, Xander, came back to the surface crying for help.
Reports indicate Xander told the captain and crew that his father was dead at the bottom of the ocean. According to him, he had last seen his father lying on the seabed with his regulator. The report also states that Xander said his father experienced “difficulties” shortly after descending.
“My grandson, they went out, I guess on a boat,” said Kelly Bezayiff, Xander Lowery’s grandmother. “They went down. He (Xander) knew there (were) problems and he tried to get this back up, so his pushed him towards the top and Xander came up as fast as he could, and when he came up, he looked back and his dad wasn’t there.” Due to his rushed ascent, Xander suffered decompression illness. He is reported to have recovered after being treated.
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Victim’s body recovered
Responders from both the Palm Beach County Sheriff’s Marine Unit and the Florida Fish & Wildlife Conservation Commission both responded rapidly to the missing diver call. After an extensive search, Kenneth Lowery’s body was found at about 11:30am.
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Diving in Forida was a yearly tradition
Family members said Kenneth Lowery had taken his son on a scuba diving trip to Florida every year since he was eight. Lowery was a Certified Master Diver, and was working to be certified as a dive instructor.
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Family devastated by multiple tragedies in less than a month
This was the second tragedy to impact the Lowery family in less than a month. Just three weeks earlier, Xander Lowery’s mother, Virginia Murray passed away after a battle with cancer.
“He was phenomenal to my daughter as she was dying,” said Kelly Bezayiff. “He was there for her even though they weren’t together anymore. I mean, he was just that type of man.” According to a published obituary, Kenneth Lowery, 52, is survived by his parents and two siblings, along with his three children and five grandchildren.
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Similar case aboard Republic IV Dive Boat in 2022
In March, 2022, Dr. Robert K. McIntyre, a physician from Massachusetts, died while diving near the Lake Worth Inlet. According to Coast Guard reports, Dr. McIntyre, the Chief of Medicine at South Shore Hospital in Weymouth, MA, entered the water around 11:00am, for a dive scheduled to last 35 to 45 minutes. His body was recovered from the ocean floor at approximately 3:00pm that afternoon.
Who is liable in the case of scuba diving injuries and deaths?
Each year in Florida, hundreds of people are injured in scuba diving accidents. The nature of the activity is such that accidents often lead to significant injuries and in some cases, death. In many cases, these accidents are preventable, because they are a result of poor judgement, faulty or poorly maintained equipment, and inadequate training or supervision.
To ensure the safety of scuba divers, dive companies must follow standard policies, procedures, and U.S. Coast Guard Regulations. All too often, scuba diving and snorkeling companies fail to follow standard procedures, jeopardizing safety. In cases like these, the law places a heavy burden upon the dive companies by presuming them to be negligent unless they can prove that their failure to follow safety procedure did not contribute to the accident. Diving injuries and deaths can result from:
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Out-of-air emergencies
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Dangerous water conditions
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Inadequate training
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Inadequate supervision
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Accidents with other vessels
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Faulty or improperly maintained equipment
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Improper use of Decompression Tables
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Diver operator negligence
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“Dive buddy” negligence
What is your Legal Recourse for Diving Accident Injuries?
If you or a loved one has suffered a diving accident in Florida, it is imperative to understand your legal rights. Depending on the circumstances, you may have legal options to pursue compensation for the following:
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Medical expenses
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Lost wages
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Pain & suffering
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Other damages
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You may also be able to hold negligent parties, such as dive instructors, boat staff, facilities, or equipment providers accountable for their actions. Florida’s maritime laws, as well as personal injury laws and regulations related to diving safety may impact your case, so consulting with the expert boating accident lawyers at GOLDLAW can help you navigate the legal process efficiently and effectively. By advocating for your rights, the experts at GOLDLAW can build a strong case on your behalf. For a COMPLIMENTARY consultation, “Choose the 2’s” and call 561-222-2222, or go to this page and tell us about your case!
