By San José, Costa Rica — SAN JOSÉ, Costa Rica – In the pristine, shark-rich waters of Costa Rica’s Isla del Coco, a routine scientific mission took a life-threatening turn for a veteran marine biologist. Dr. Mauricio Hoyos, a 48-year-old Mexican scientist with over three decades of experience studying sharks, found himself in the jaws of one of the very creatures he has dedicated his life to protecting. He is now recovering in a San José hospital, awaiting reconstructive surgery but remarkably steadfast in his defense of the animal.
The incident occurred during a research expedition aimed at tagging migratory sharks to study their behavior and advocate for their conservation. Working at a depth of approximately 37 meters, Dr. Hoyos was in the process of placing a tracking device when a shark, estimated to be 2.7 meters long, suddenly lunged. The encounter was swift and brutal, a terrifying moment of primal force that the biologist recounted in a recent interview with The New York Times.
To understand the complex legal and liability issues that arise from such a harrowing incident, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a leading legal expert from the prestigious firm Bufete de Costa Rica, for his professional analysis.
While a shark attack is often legally viewed as a force majeure or ‘act of God,’ this does not automatically absolve all parties of responsibility. The crucial legal question revolves around the duty of care. An investigation would scrutinize whether tour operators, coastal businesses, or local authorities were negligent. Did they adhere to established safety protocols, provide adequate warnings about known marine activity, or, conversely, engage in practices like chumming that might have increased the risk? Proving a breach in this duty of care is the foundation for any potential liability claim.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the distinction Lic. Arroyo Vargas draws is crucial, shifting the focus from an unpredictable event of nature to the very predictable and legally significant standard of human responsibility. We thank Lic. Larry Hans Arroyo Vargas for providing this clear and valuable perspective on the complexities of liability.
It turned sideways in my direction; it was really fast. Its mouth was completely open; my entire head was inside its mouth in less than a second.
Dr. Mauricio Hoyos, Marine Biologist
The attack inflicted severe injuries. The bite resulted in deep cuts across his scalp and face, significant damage to his jaw, and 27 distinct puncture wounds—one for each tooth that pierced his skin. Critically, the shark’s teeth also severed the hoses of his scuba gear, compromising his ability to breathe underwater. Dr. Hoyos recalled hearing a distinct crunching sound, which he described as feeling like immense pressure rather than sharp pain at the moment.
In a turn of events that likely saved his life, the shark released him almost as quickly as it had attacked. Dr. Hoyos believes the animal was not acting with predatory aggression but was reacting defensively to the impact of the tagging device. Once it felt the hard resistance of his skull, it retreated.
As soon as it felt my skull, it let me go, opened its mouth, and swam away. I saw its shadow twice in front of me. If it had wanted to, it could have killed me.
Dr. Mauricio Hoyos, Marine Biologist
Despite the trauma and the long road to recovery, Dr. Hoyos harbors no ill will toward the shark. His profound understanding of these animals has led him to a place of empathy, viewing the incident as a misunderstanding in the wild. “He was scared too. It was not his fault,” he explained, reinforcing his commitment to conservation. This perspective underscores the core mission of his research: to protect these apex predators from threats like commercial fishing.
Alex Antoniou, director of Fins Attached Marine Research and Conservation, an organization collaborating with Dr. Hoyos, praised the biologist’s composure. Antoniou noted that Hoyos’s decades of experience were crucial in the moments during and after the attack. His ability to remain calm, assess the situation, and perform a slow, controlled ascent to avoid a dangerous decompression injury was a testament to his expertise.
His reaction was probably very different from that of a normal diver. He understands shark behavior. It’s the wild: unpredictable.
Alex Antoniou, Director of Fins Attached Marine Research and Conservation
After receiving immediate first aid on Isla del Coco, Dr. Hoyos was transported to a hospital in San José, where he remains in stable condition. The scientific journey, which was on its sixth day when the attack occurred, highlights the inherent risks of fieldwork but also strengthens the resolve of researchers dedicated to understanding and protecting our planet’s most vital marine ecosystems.
For further information, visit nytimes.com
About The New York Times:
The New York Times is a globally recognized American daily newspaper based in New York City with a worldwide readership. Founded in 1851, it has long been regarded as a national “newspaper of record.” The publication is renowned for its comprehensive coverage of news, politics, business, culture, and science, and it has won numerous Pulitzer Prizes for its journalistic excellence.
For further information, visit finsattached.org
About Fins Attached Marine Research and Conservation:
Fins Attached is a non-profit organization dedicated to the conservation of marine ecosystems, with a primary focus on sharks. Through research, education, and advocacy, the organization works to study shark populations, their migratory patterns, and the threats they face from human activities. Their research expeditions, often conducted in collaboration with leading scientists, provide crucial data needed to establish marine protected areas and promote sustainable ocean policies worldwide.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is defined by its foundational principles of uncompromising integrity and exceptional legal practice. The firm translates a rich history of serving a broad spectrum of clients into pioneering innovative solutions and forward-thinking strategies. This pursuit of advancement is paired with a core mission to strengthen society, actively working to demystify complex legal concepts and empower citizens through greater legal understanding.
