Lawsuit claims 12-year-old’s scuba death was preventable, cites "flippant" scuba industry safety concerns

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Parents sue scuba agencies after 12-year old drowns

The parents of 12-year-old Dylan Harrison filed a lawsuit against two major scuba agencies alleging that systemic safety failures led to her drowning during a North Texas certification class. FOX 4's Lori Brown has more.

The parents of a 12-year-old North Texas girl who drowned during a scuba certification class have filed a lawsuit against two scuba certification agencies. 

The lawsuit alleges systemic safety failures in the self-regulated industry led to Dylan Harrison's death in Terrell. 

Wrongful death lawsuit

What we know:

This lawsuit claims 12-year-old Dylan Harrison’s death during a scuba class was preventable. 

Dylan Harrison

The 40-page suit details multiple failures that the lawsuit says are the result of the scuba diving industry turning a blind eye to safety failures for years. 

The lawsuit, filed by the parents of the 12-year-old girl, says she loved nature, science, and animals, and was eager to explore the underwater world. Dylan wanted to be a veterinarian when she grew up.

Instructor negligence and safety protocol failures

The backstory:

The Harrison’s had paid Scubatoys for Dylan to have a private open water class on Aug. 16, 2025.

Once at The Scuba Ranch, a spring fed scuba training lake in Terrell, they learned she would be placed with a group of seven other students.

The lawsuit says divemaster Jonathan Roussel assured them, "I will not take my eyes off your daughter." 

The lawsuit also says the parents were unaware of what FOX 4 News later uncovered. 

When Dylan’s instructor arrived that morning to teach the full day scuba class, he'd had little to no sleep in the past 24 hours. 

Dig deeper:

The Assistant Chief Deputy for the Collin County Sheriff’s Office at the time, William Armstrong, worked a full day as a deputy, and then a full overnight security shift at an investment firm. 

William Armstrong

After Dylan entered the water paired with another 12-year-old as a buddy, the lawsuit says Armstrong did not check to determine if Dylan was properly weighted. Her class entered the water at 9:36 a.m., before a miscommunication with a student led to the class being brought to the surface at 10:12 a.m.

That was the last time Dylan was seen alive. 

Fellow scuba student shares story of 12-year-old’s death

For the first time, another student is speaking out about the tragic death of a 12-year-old girl during a scuba diving class in Kaufman County.

Emergency services were not called until 15 minutes later....

The lawsuit says, "Based on the amount of air left in D.H. (Dylan's) scuba tank on the surface before she went missing and the amount of air left in the tank when she was found, it can be surmised that D.H. was alive and breathing off her tank for several minutes after she was last seen. During this time, D.H. was alone, in poor visibility, and unable to reach the surface."

After our reporting on Dylan’s death, Armstrong resigned from the Collin County Sheriff's Office

William Armstrong

2017 Scubatoys video

What they're saying:

The lawsuit also points to this 2017 video of a staff meeting that was given to FOX 4 in October 2025. In it, Scubatoy's owner Joe Johnson made flippant comments about safety in its classes. 

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Dive shop owner seemingly admitting to past deaths

An unearthed 2017 video shows the owner of Scuba Toys, the dive shop involved in the recent death of a 12-year-old girl, seemingly admitting that their business had been linked to multiple prior deaths.

"All I know is we've killed...what? 4 people? 5 people? And we've never even done a deposition. Our insurance company just settles. John Witherspoon says we can kill two people a year and "we are fine."

Impact on the scuba industry

Local perspective:

Chad Ruback is an Apellate attorney not associated with this case. He says the lawsuit has the potential to change the scuba industry. 

Chad Ruback

"When there's a disaster like this, there's not just one person or one entity to blame," said Ruback. 

"This lawsuit can change the standards by which scuba is instructed, particularly with regard to minors. This lawsuit could change the way facilities are supervised, such as the Spring Fed Lake facility in which this disaster occurred. It could certainly make individual instructors more cautious."

"My guess is that if a jury saw that video, the jury's going to be adding another zero to the amount they were thinking of prior," said Ruback.

Scubatoys closed the doors to their Carrollton business for good on Jan. 31, 2026. 

What's next:

The Harrison’s family attorney, Chris Simmons, declined to do an interview with FOX 4 in order to respect the family's privacy and the legal process.

Scuba organizations NAUI and PADI have not responded to FOX 4's request for a comment on the lawsuit. 

The Scuba Ranch said they pray that the family receives the answers, justice, and closure they deserve, and that the dive community would be strengthened through what is learned.

Past coverage

The Source: Information in this article was provided by FOX 4's Lori Brown. Additional information was provided by previous FOX 4 coverage.

Crime and Public SafetyCollin CountyTerrellKaufman CountyTexas