A South Korean family has filed a wrongful death lawsuit against a Guam resort, alleging that its negligence caused the death of 70-year-old Young Jae Chung during a “snorkelling lesson” in 2023. His relatives are seeking damages totalling US $4,806,900 (about £3,800,000).
Chung had gone to the US island territory of Guam on 18 September last year with his wife Eun Jung Kim, son Joo Hyung and two young grandsons to celebrate his birthday.
They were staying at the Pacific Islands Club (PIC) in Tumon Bay, managed by PHR Ken Micronesia Inc, according to a report by Pacific Daily News.
The snorkelling lesson was hosted by the PIC, with an instructor, unnamed in the report, taking the family to the beach and into the water. According to the lawsuit he had neglected to ask his students about their previous snorkelling experience, physical fitness or comfort levels in the sea.
There was allegedly no attempt at training the students to use their snorkels properly before they were guided into deeper water above a coral reef at what was described as “an extremely fast pace”. The instructor was said not to have assessed individuals’ progress or comfort as they continued.
Struggling to keep up
Chung and his wife had struggled to keep up, and Chung’s mask was said to have been filling with water. Kim was said to have observed what the instructor had failed to notice, that her husband had remained face-down for a prolonged period of time.
She called to her son, who realised that something was wrong as he saw Chung floating immobile. He had shouted for help as he carried his father towards the shore.
It took the instructor 2-3 minutes to follow them ashore, according to the family, who state that he then appeared to attempt CPR without first removing Chung’s life-jacket. It was not clear whether all the students had been wearing life-jackets.
PIC lifeguards were said to have taken five minutes to reach the scene after the alarm was raised. They had removed Chung’s life-jacket before applying a defibrillator and performing CPR.
Chung was declared dead after being taken to Guam Memorial Hospital, and the family had to pay more than $6,900 to cover the costs of the emergency services.
Hawaii action
The family is now seeking $2 million for wrongful death, $1 million for loss of support for Chung’s wife, $300,000 each for loss of support for his two sons and $300,000 each as compensation for emotional distress for the four relatives present at the scene. The lawsuit was filed in the District Court of Guam on 18 February.
Last year another snorkelling-related legal action was brought and has yet to be settled. Patricia Johnson had accused the Fairmont Kea Lani Resort, Hawaiian Tourism Authority and Hawaii Visitors & Convention Bureau of negligence after her husband Ray died after snorkelling at Wailea Beach on Maui, as reported on Divernet at the time.
The coroner had concluded that Ray Johnson’s death was due to drowning, but his wife maintains that it was caused by a form of Immersive Pulmonary Oedema (IPO) and they had not been warned about the risks of the condition.
Also on Divernet: Snorkeller’s widow sues over lack of IPO warnings, Why snorkellers should take deaths probe to heart, UK coroner records first IPO verdict on snorkeller, One state agency fines another for snorkeller’s death
