A court has ordered a couple and their diving company to pay NT$20.73 million (US$625,925) in compensation to the family of a Japanese national who died during one of their diving courses in Pingtung County more than five years ago.
The ruling in the civil lawsuit last month, which awarded the family far less than the NT$80 million they requested, can be appealed, a Pingtung District Court document showed.
On Aug. 15, 2019, a person identified by the surname Kujirai was participating in a three-day open water scuba diving course in Houpihu (後壁湖) in Kenting (墾丁) with Lidao Dive Co when he went missing.
Photo: Lee Li-fa, Taipei Times
The school was run by a Taiwanese man surnamed Lin (林) and his Japanese wife, surnamed Wang (王), both of whom are certified with the Professional Association of Diving Instructors.
During a morning training session on equalizing air pressure, Kujirai was seen diving into the water and resurfacing 18 to 20 times, a clear sign he was having trouble with pressurization, the court said.
Yet despite choppy waters and poor visibility, Kujirai and several other trainees were told to dive 10m during a later session at about noon, with Lin and Wang accompanying them. It was during that session that Kujirai, who was in his 40s, went missing.
Rescue teams later found him nearly one hour later submerged 30m from the shoreline with no vital signs, the court said.
In the ruling, the Pingtung District Court said Lin and Wang failed to pay adequate attention to Kujirai, and did not stay within arm’s reach during the dive.
They also did not monitor his physical condition, despite the difficulty he experienced equalizing his ear pressure earlier in the day.
The couple were later charged by prosecutors with negligent homicide and found guilty, a ruling they appealed, but was later upheld by the High Court.
They appealed again, but in June last year, the Supreme Court upheld the lower court’s decision, sentencing them each to eight months and six months in prison.
Kujirai’s parents, wife and children later filed the civil suit against Lin and his company seeking the NT$80 million in compensation for funeral expenses as well as funds for family support.
Lin is serving his sentence, while their diving shop in Hengchun Township (恆春) has closed.
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