Surprise Rounds for Faking Opponents

[Silva Stormrage]

Hello, my players are fighting an aboleth underwater. It was incredibly low on hit points and used a major image to make itself appear to gush blood and then it fell into the water to fake its death. A couple rounds later a party member went into the pool where the aboleth was to try and fish out a drowning party member who can't swim. Since the player thought the aboleth was dead would the aboleth get a surprise round on the player in the water?

Thanks for the help.

[ArcturusV]

Yes. Particularly if he wasn't paying attention to the Aboleth. If he was paying attention to the Aboleth I'd throw his Sense Motive against the Aboleth's Bluff (bonus for the illusions). But I mean if he's not expecting combat, and he got attacked... that's pretty much the definition of Surprise Round.

[Silva Stormrage]

He was paying 0 attention to the aboleth.

[ArcturusV]

No question about a surprise round then. To me that means 100% chance of surprise round. If you are willingly ignoring something like that, and it comes up and bites you, yeah. Unless you have some ability that says "You cannot be surprised" of course.

[yougi]

Are you asking cause he complained? What kinds of arguments does he make?

I would probably have allowed a spot check vs hide (with a bonus to hide for the whole not paying attention thing).