Towboat US liability question

[Spike]

https://nbc-2.com/news/local/2020/12/17/beached-sailboat-off-marco-island-was-couples-chance-to-sail-the-world/

Saw the above story in the news this morning. Have to say that many parts of the story have me scratching my head (like they were going to the Bering Sea but couldn't even make it 50 miles down the coast). But my big question is about the Towboat US part of the story.

If you call them and they end up sinking their own boat can they then sue you for damages?? I'm sure there is way more to this story than is in the article , there always is. So what is my liability to a towing company that I call for assistance?

I think I need to dig out my towing policy and read the fine print.

 

[Ski in NC]

Towboat can file a suit if they want. Does not mean it has any merit. In my non-lawyer mind, I doubt there is any merit.

The real lawyers here might comment.

In my mind, I think the sail boat owners may have more of a reason to sue. Towboat, once they put you under tow, have some responsibility as now they are in command. Under their tow the sailboat was grounded in surf and totaled. Towboat caused the loss of both vessels.

 

[Comodave]

Not knowing the whole story, but I agree that Towboat assumes responsibility for the towed boat when they put a line on it. If they felt they could not make the tow safely then they should not have put the tow line on it, but just rescue the people. I doubt the lawsuit will go anywhere unless the towed boat did something like putting the engine in reverse or the like.

 

[GFC]

I can't imagine this is going to bring in a lot of business to the tow boat company.

 

[O C Diver]

It may be an effort to get something out of the sailboat insurance policy (if they have one) as opposed to the insurance company having to defend themselves in court.

Ted

 

[Pau Hana]

In reading the story, it appears that the sailboat may not have any insurance coverage (owner mentions having to pay for salvage, something a marine insurance policy would pay). The suit from Towboat US also lends credence to my assumption of the sailboat not having insurance; I don’t believe the suit is anything more that the towing company looking for recompense for services.

With regards to the tow and assigning fault- Towboat is a service dispatched to execute a rescue for a vessel in distress. They have to make on scene judgment calls on the best course of action. I’ll bet that they made what they deemed was the best call possible and the situation flipped on them.

The “rest of the story” will be interesting to follow...

 

[psneeld]

Too little info in the article to even guess liability on anyone's part.

 

[Spike]

Too little info in the article to even guess liability on anyone's part.

I'd really hoped you'd chime in here as someone whos "been there and done that" (well...maybe not sunk your own tow boat). But, I agree, there are not many details in this story, or too many left out. I really doubt I'll ever see much of a follow up from the local news so probably will never know how it ends.

Thanks for everyone's thoughts.

 

[tiltrider1]

The suite filed by Towboat is more about getting the up coming legal action in a preferred court. The sailboat might not have insurance and there could be all kinds of law suits coming their way. Towboat has now established the court every one will play in.

 

[ancora]

"The sea does not suffer fools gladly."

 

[Arc]

Unfortunately anyone can sue for anything. It doesn’t mean you will win, but you will sure close everyone money. Another broken system

 

[BruceK]

I can understand the towboat having a duty of care to the towed boat. Hard to see it operating the other way, unless the towed boat did something really stupid. Rescuing other boats has obvious inherent risks for tow boats.

 

[Comodave]

I have towed hundreds of boats and never sunk one much less my own. You have to evaluate the situation and decide whether or not you will tow the boat in distress. I have told people that I will not tow their boat and to come on board my boat or else they will end up in the water. They obviously don’t like it and I have never had one agree with me that their boat is not savable, but it wasn’t their call it was mine. Nobody said I had to save property, we were there to save lives.

 

[psneeld]

Aground or on the rocks boats can be tricky trying to pull them off....especially for a small towboat. Rescue is one thing, including salvage in the rescue requires a different frame of mind.

Pulling angles can easily put your aft quarter perilously close to swamping.

I tend to agree with tiltrider1 that what is shaping up is jockeying for position in a legal sense.

Just going into surf or windward shore can be frightful without ever getting a towline on.

 

[psneeld]

I can understand the towboat having a duty of care to the towed boat. Hard to see it operating the other way, unless the towed boat did something really stupid. Rescuing other boats has obvious inherent risks for tow boats.

And thus sometimes the generous salvage awards.

 

[Comodave]

Yes, the more dangerous and hazardous the better the award to the salvor. We were not doing salvage just rescue. But even with salvage sometimes you have to say we will leave the vessel and come back when conditions are more favorable. If the vessel gets damaged in the interim, oh well that is the way it goes sometimes.

 

[psneeld]

Risk versus gain...way different emphasis in the salvage world than what the USCG or USCGAUX teaches...

Having been a student and supervisor in both worlds.....

Different training, equipment and focus allows both worlds to happen with reasonable risk management with similar success. Golden Ray in Brunswick shows that both can coexist...but I bet there are some heated discussions in the conference room.

There are mishaps in both worlds...mostly from operator error more than mission hazards.

 

[Mark P]

As I see it from thirty years of looking at things like this (makes me glad to be retired), the tow boat has no liability to the sail boat on these facts. This reminds me of an ambulance case years ago where the ambulance picked up a heart attack victim and then promptly broke down on way to hospital. Another case involved a telecom routing error where the 911 address was coded incorrectly. When the crook broke in, the victim called, but cops went to the wrong apartment. No liability in these cases. Tow boat fine print contract (the one we all click thru without reading) likely protects them as well. Some states have good Samaritan laws that shield people who stop to help. The concept bring that we want people and doctors to stop and help people in distress without facing liability unless they do something crazy (e.g. throw an anchor instead of a life preserver to someone in the water)

 

[Cyclone]

I agree with Comodave. Towing requires two important aspects. First and foremost you must decide weather or not it is safe for you to undertake the tow. Or in the case of a MAYDAY call for assistance weather you are capable of responding as to do so would place you, your vessel and your crew in danger. As capt you have to make that decision. Now to Tow USA. They should have presented the sail boat a document that stipulated the conditions of tow. There used to be a common law that who was responsible was dictated by whose line was used to tow the boat. When I tow I always ask for the victim to provide the tow rope. If as is more usual the victim is not able then I have him sign my log to the indicate that I provided the rope but did not accept any liability as to the condition of the vessel being towed. Tow US are only looking for two expenses. If I wax Tow US and had to go to court I would also seek the value of the asset that I saved. That sum is based on the market value of the boat being towed.

 

[tiltrider1]

As I see it from thirty years of looking at things like this (makes me glad to be retired), the tow boat has no liability to the sail boat on these facts. This reminds me of an ambulance case years ago where the ambulance picked up a heart attack victim and then promptly broke down on way to hospital. Another case involved a telecom routing error where the 911 address was coded incorrectly. When the crook broke in, the victim called, but cops went to the wrong apartment. No liability in these cases. Tow boat fine print contract (the one we all click thru without reading) likely protects them as well. Some states have good Samaritan laws that shield people who stop to help. The concept bring that we want people and doctors to stop and help people in distress without facing liability unless they do something crazy (e.g. throw an anchor instead of a life preserver to someone in the water)

Remeber, Admiralty Law is very different than our land laws.

 

[BruceK]

Remember, Admiralty Law is very different than our land laws.

It`s not that long ago that here,under The Merchant Shipping Act 1894(adopted in Aust),damages were calculated in French francs multiplied by the length of the vessel involved, with a number of qualifications. Worried us greatly, in a case for damages arising out of severe injury and death from a vessel explosion. NSW Supreme Court used to have an Admiralty Division headed by a delightful gentleman Justice. A very interesting place to visit, but not for the unwary.

 

[psneeld]

I agree with Comodave. Towing requires two important aspects. First and foremost you must decide weather or not it is safe for you to undertake the tow. Or in the case of a MAYDAY call for assistance weather you are capable of responding as to do so would place you, your vessel and your crew in danger. As capt you have to make that decision. Now to Tow USA. They should have presented the sail boat a document that stipulated the conditions of tow. There used to be a common law that who was responsible was dictated by whose line was used to tow the boat. When I tow I always ask for the victim to provide the tow rope. If as is more usual the victim is not able then I have him sign my log to the indicate that I provided the rope but did not accept any liability as to the condition of the vessel being towed. Tow US are only looking for two expenses. If I wax Tow US and had to go to court I would also seek the value of the asset that I saved. That sum is based on the market value of the boat being towed.

Whether using your or anyone else's towline might have had importance at some time or some place, but it doesn't matter now. Liability boils down to ....did one act in accordance to a legal responsibility or their experience and training if something dies go wrong,?.....at least in the USA.

Also, salvage law is much more complicated than billing for the value of the vessel assisted. Rarely is that much money asked for, or granted.

Here are some tidbits on towing and liability...

http://www.bullivant.com/Towing-Liability-Part-1

http://www.bullivant.com/Towing-Liability-Part-2

 

[Mark P]

Agreed - Admiralty Law is a strange beast.

 

[Comodave]

I always use my towline because I know what condition it is in. Many boaters don’t have a line aboard that is worth a crap.

 

[rslifkin]

I always use my towline because I know what condition it is in. Many boaters don’t have a line aboard that is worth a crap.

This. If I'm towing, I'm using my own gear unless the other boat has a suitable bridle, line, etc. already in place and ready to use. I'd rather know the tow rig is safe and appropriate for the situation and boats involved.

 

[Comodave]

I have towed 25’ cruisers that wanted to pass me a ski tow line when I was going to tow them. I said no thanks and passed them a proper towline. They will spend $50K on a boat and 50 cents on line...

 

[psneeld]

Unless big boats or bad conditions, not much is really needed. Heck most of the time their cleats are more suspect.

I have towed hundreds of boats by their anchor lines...a lot hardly see any use anyway.

I have ungrounded boats tying 2 of my tow lines together (well over 600 feet) and their anchor line (another 100 or so feet) and several docklines. A little scary, but often successful.

 

[magna 6882]

I have towed 25’ cruisers that wanted to pass me a ski tow line when I was going to tow them. I said no thanks and passed them a proper towline. They will spend $50K on a boat and 50 cents on line...

Hi
What would be considered a good tow line?

 

[psneeld]

A professional tow line versus a rare use one are 2 different things. If in a remote area, most of the boats here could be easily towed with a length of 3/4 or 1 inch double braided nylon of 200 - 300 or so feet in up to and including moderate conditions. Proper chafe gear is always necessary.

Most boats that have a decent anchor line (those that have mixed rodes or only line) can use that if not a heavy weather or multi day tow.

If the line is good enough to hold a boat in a good blow, it will. Certainly tow a boat in light to moderate conditions.

Using a towline to unground a boat is a different case....much more durable equipment and even tow boat is often necessary.

 

[magna 6882]

My anchor line is chain.I have a half inch 300ft and then various 3/4 and 1 inch dock lines. Do i need to have a larger long line on board?