12-year-old allegedly alive underwater for minutes before fatal scuba class failure: lawsuit

The grieving parents of a Texas girl who drowned during a scuba certification class have filed a lawsuit against two agencies alleging the child’s death was preventable. 

On Aug. 16, 2025, 12-year-old Dylan Harrison attended a private open water class purchased by her parents from Scubatoys, a local dive-shop, according to FOX 4. 

When the family reportedly arrived at The Scuba Ranch, a scuba training take located in nearby Terrell, they were told their daughter would be placed in a group of seven students. 

The lawsuit also alleges the divemaster assured Dylan’s parents ahead of the class, telling them, "I will not take my eyes off your daughter."

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At the time of the class, Assistant Chief Deputy for the Collin County Sheriff’s Office William Armstrong was employed part-time as a scuba instructor, and had previously worked a full day as a deputy followed by a full overnight shift as a security officer at an investment firm, FOX 4 reported. 

As Dylan and her 12-year-old swimming buddy entered the water, Armstrong allegedly did not check if Dylan was properly weighted, the lawsuit reportedly states. 

Dylan was last seen alive when the class initially entered the water at 9:36 a.m. and resurfaced at 10:12 a.m. after a miscommunication with a student.

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The lawsuit alleges that emergency services were not called to the scene until about 15 minutes later. 

"Based on the amount of air left in [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 [she] was alive and breathing off her tank for several minutes after she was last seen," the lawsuit revealed, according to FOX 4. "During this time, [Dylan] was alone, in poor visibility, and unable to reach the surface."

Following the incident, Armstrong resigned from his position with the Collin County Sheriff’s Office.

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The 40-page lawsuit alleges Dylan’s death was preventable and the result of multiple failures after the industry turned a blind eye to safety concerns for several years.

Attorneys for the Harrison family reportedly point to a 2017 video of a staff meeting, in which Scubatoy owner Joe Johnson allegedly made dismissive comments about the safety protocols within the company’s classes, FOX 4 reported.

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

Scubatoys, NAUI, PADI, the Scuba Ranch and the Harrison family’s attorney did not immediately respond to Fox News Digital’s request for comment. Fox News Digital was unable to immediately locate an attorney representing Armstrong.