Diving instructors ordered to pay NT$20.73 million for diving death

Taipei, Jan. 13 (CNA) A court has ordered a couple and their diving center to pay total compensation of NT$20.73 million (US$625,944) to the family of a Japanese national who died during one of their diving courses in Pingtung County over five years ago.

The ruling in the civil lawsuit, which came in December 2024 and awarded the family far less than the NT$80 million it requested, can be appealed, according to a Pingtung District Court document.

The case dates back to Aug. 15, 2019, when the victim, identified by his last name Kujirai, took part in a three-day open water scuba diving course in Houbihu with Lidao Dive Co.

The school was ran by the defendants in the case, a Taiwanese man surnamed Lin (林) and his Japanese wife, both of whom are certified Professional Association of Diving Instructors (PADI).

During a training session in the morning to equalize air pressure, Kujirai was seen diving into the water and resurfacing 18-20 times, a clear sign he was having trouble maintaining his equilibrium, the court said.

Yet despite choppy waters and poor visibility, Kujirai and several other trainees were still told to dive 10 meters during a later session at around noon, with Lin and his wife accompanying them.

The Japanese national, in his 40s, subsequently went missing in the water. Rescue teams later found him submerged 30 meters from the shoreline nearly one hour later with no vital signs, according the court's ruling.

In the document, the Pingtung District Court said Lin and his wife failed to pay adequate attention to Kujirai, and did not stay within arm's reach during the dive.

They also did not monitor the man's physical condition despite the difficulty he experienced balancing his ear pressure earlier in the day.

The Lidao Dive couple were subsequently indicted by prosecutors for negligent homicide and found guilty of the crime.

They appealed the ruling but it was later upheld by the Taiwan High Court. Another appeal was later filed, but in June 2024, the Supreme Court upheld the lower court's decision which sentenced them each to eight months and six months in prison.

Kujira's parents, wife, and children later also filed a civil suit against Lin and his company, and asked for NT$80 million in compensation for funeral expenses as well as funds for family support.

After a thorough review, however, the Pingtung court ultimately awarded the family a combined NT$20.73 million, a ruling that is subject to appeal.

Lidao Dive has since ceased operations.