A crew member injured while trying to reach passengers on the Conception dive boat has filed a lawsuit against the owner of the boat.
Ryan Sims claims the Conception was operating in dangerous condition and didn't have proper emergency evacuation procedures. Sims broke his leg during the incident.
The 75-foot boat was anchored about 20 yards off Santa Cruz Island when the scuba diving vessel caught fire Sept. 2.
The Pacific Coast Business Times first reported the lawsuit today.
34 people died in the Labor Day fire, off Santa Cruz Island. Sims was one of five people who survived.
RELATED: All 6 crew members were asleep when fatal blaze erupted, preliminary NTSB report says
The NTSB is still trying to determine what started the fire.