What would you do?

[CPseudonym]

 

[CPseudonym]

Shrimp boat burns in Houston Ship Channel | News - Home

Sure hope they don't get sued for helping out

 

[Nsail]

^^^Cherrypicking to make a point is poor form: Again, context is key.

The next paragraph:

"It is understood that rescues do not always succeed, despite the efforts of those who give assistance. Courts will rarely second guess one who voluntarily gives aid under the dangerous conditions of the sea “under the bright light cast by . . . hindsight.” Fondow v. Unites States, 112 F. Supp.2d 119; Korpi v. Unites States, 961 F. Supp. 1335 (holding that a “rescue attempt must be considered in the light of the
circumstances that faced the rescuers when they acted and not with the wisdom of an ‘armchair admiral’ after the fact.”"

Case law. It all boils down to case law that supports the application of the law. The article is supposition on a case and what MAY have happened. The 2 above examples are case law of what DID happen. Big difference.

Look we can agree, or agree to disagree- I'm good either way. But I've not been able to find a single instance where the party providing assistance has been found negligent or successfully litigated against for rendering said assistance- civil or criminal. I've discussed with with underwriters and claims personnel of the various companies we represent, so I have a better understanding of the material. Do you know of any case law pertaining to this?

Not 1 instance of the maritime Good Sam being successfully sued.

I can't see the entire article, can you? If you can, where can I find it?

If you can't, then everybody discussing it is cherry picking. Without reading the entire article, it's difficult to understand what really happened and therefore difficult to understand any points that anybody is trying to make. In other words, you're wasting everybody's time.

 

[Pau Hana]

I can't see the entire article, can you? If you can, where can I find it?

If you can't, then everybody discussing it is cherry picking. Without reading the entire article, it's difficult to understand what really happened and therefore difficult to understand any points that anybody is trying to make. In other words, you're wasting everybody's time.

The referenced article makes its initial appearance in post #73 of this thread. Here it is:

http://www.liboatingworld.com/archive/2007/07/LIBW/LIBW_22.pdf

 

[Nsail]

That's where I'm clicking, but only part of the article shows up. It says continued from page 21, but I can't seem to access page 21 to read the entire thing. Am I missing something?

 

[BruceK]

Thanks Peter, the page now posted is a continuation of p21, can you post it too?

 

[Pau Hana]

Thanks Peter, the page now posted is a continuation of p21, can you post it too?

That's where I'm clicking, but only part of the article shows up. It says continued from page 21, but I can't seem to access page 21 to read the entire thing. Am I missing something?

Page 21 for your perusal, gents:

http://www.liboatingworld.com/archive/2007/07/LIBW/LIBW_21.pdf

 

[windmill29130]

That's because you don't live in a country where the lawyers outnumber the ants. In the US, greed is king and any way to make a dollar is a Good Way. Don't forget, this is the country where a lady can spill-- herself-- a hot cup of coffee she just bought from McDonalds (I think it was) in her lap, sue for damages, and win.

If you knew that every time you rendered assistance to another boater (or driver or anyone) there was a better than fair chance that you would be sued for anything ranging from physical injury to "mental hardship" by the person you helped (more often than not encouraged by a lawyer who found out about the incident), would you still be inclined to give assistance without giving it a second thought?

A lot of these cases don't go anywhere but enough of them do, and enough of the "rescuees" win, that it has soured a large part of the population, including me, on rendering assistance to anyone.

So I simply won't do it anymore outside of calling the emergency services. I'm not going to end up living in a cardboard box under a freeway because some bozo we helped when his boat broke down or he fell in the water sicks a lawyer on us because "we broke his toe" while lifting him aboard our boat or were helping him rig a towline, or that he suffered "mental anguish" as a result of our actions.

I'm glad I don't boat in your area!

 

[windmill29130]

I can't believe some of you guys some times. Not willing to believe the practicing litigator when he explains how it works in reality, but instantly believe the rumor mongers who know nothing about the law but "have heard" how it applies.

As both a lawyer and a member of the RCM-SAR (used to be called the Coast Guard Auxiliary) I will continue to offer whatever assistance I am equipped to offer, including a tow, if it is prudent to do so and requested by someone in difficulty. Most recently I towed a 40 ft sailboat 20 miles from one of our YC outstations to my home marina (not his) as every other boat had already headed home and there was no other way for him to get home, in calm conditions. He and his wife and kids would otherwise have had to call a $ tow. With a bridle and keeping my speed down to his hull speed, all went well. I got home maybe an hour late, but he got home the same day.

 

[Nomad Willy]

I'd tow him.

Especially w a crew member standing watch ready to throw his line in an instant.

I like the apparent fact that he's trying to take care of his mechanicals.

 

[rjtrane]

I have come upon similar instances here on the east coast ICW. With a twin powered boat, I feel comfortable in relatively calm conditions to use a hip tow. With lots of fenders, tie the boat being towed alongside as though your were the dock, paying good attention the forward spring line (leading from aft of the disabled boat towards the bow of the towing boat) as this will carry the load. Since he had some power, he could contribute to the propulsion and steering, if necessary.

In 1988, my Mom (70 years old at the time) and I were taking our new 50' Florida Bay Coaster north for the Baltimore Boat Show. It was the 4th of July weekend when we heard a vessel calling that they had lost steering - we figured they were a mile or two in front of us, so we asked them to wait until we arrived. When we came alongside, my Mom recognized the boat and owners - so we offered them a lift up the waterway to Jacksonville Beach. About 10 minutes later we had a hip tow in place and were "steaming" up the ICW at about 7 knots.

Rather than waste the time underway, the owner and I decided to try to repair the steering while my Mom and his wife navigated from the raised bridge. Turned out the key on the rudder shaft was broken - so we found a replacement and about an hour later, we had his steering fixed.

Nice thing about a hip tow is you are in communications with the boat being towed and actually can go from one to the other (carefully). And since we were on a schedule we couldn't take the time to stop to make the repair - the hip tow proved ideal.

It was something seeing my 70 yo mother at the helm of the 120,000# Coaster with the 35 footer alongside - total beam over 30' - as if she were motoring up I-95.

For pulling someone off a sand bar or other short tows, a good towline always seems to work (later that same trip we pulled a couple of hung over fisherman off the salt marsh, a good 6' in from the water's edge). But for controlled towing, nothing beats a hip tow.

 

[Iceberg]

I have been towed couple times and have towed dozens.Rule off the road around these parts here in Eastern Canada.If you have trouble make a holler on vhf and you will get towed to safety.You will not be charged or sued.A thank you is all that is required.I towed a boat few years ago 20 miles in 8-10 swells using 200 fath rope with rubber tire in middle .lol.slow 4-5 knots but got him in.The injection pump failed on his 210 cummins so he was helpless.If you are rowing across the Alantic you could call CCG and you might get help.Otherwise Good Luck.

 

[Steve]

Iceberg what sort of boat were you in to be carrying a 200 fathom rope and a rubber tire?

 

[Iceberg]

I have a Cape Islander 36 ft.On the bow I have 150 lb anchor(folding anchor) with 5 fath 3/8 chain plus 150 fath 3/4 in anchor line (covered from sun ) .I also keep stowed away another 200 fath.Towing in deep water we always use weight in middle of tow(shackels,small anchor,etc.)to keep tow line in water.All the fishing boats in this area carry the same kind of gear,so towing is never a problem.If ever cruising Newfoundland waters and want help and cannot reach CCG ,try Channel 6 (Fishing Boats).

 

[tiku]

Quick update. When we were on out first cruise of the season and we were heading to a nearby island I saw this sailboat leaning strangely towards the wind, naturally we paid close attention and soon enough as we were approaching them they showed the distress signals and we waived in acknowledgement. We were heading the same way but as these were off fairway waters I took it easy and approached slowly not to get myself aground.

Pretty soon there was another smaller powerboat (who apparently knew the waters) on the scene and he got to them first and we remained close by, just in case. It only took a small pull to get the boat free and I have to hand it to the other powerboater who singlehandedly took care of the process, nicely done. After it was all cleared and checked that their boat was ok we all went our separate ways, business as usual...

While I was repacking all my towing ropes I was kind of happy that I have taught my children the distress signs and that I have told them how to act in these situations they were amazed that these thing do happen in dayligjt and in calm conditions, lesson learned, I guess...

 

[MVNoPlans]

Nicely done.