What would you do?

Yesterday afternoon as we in the Apalachicola River were nearing Apalachicola Fl we came on a sailboat maybe 32' long motoring along very slowly. We gave him a "slow pass" as we were passing he hailed me on th VHF an said he had engine trouble (the oil pressure light was on and he didn't want to rev it up) and could I tow him to the anchorage. I thought about it and said I didn't feel comfortable towing him as I carry my hard dinghy on davits and was afraid we would wind up stuck on his bow or worse. He answered that it was no problem they would proceed slowly. as I passed them my concience got the best of me and I turned and came along side and told him we would give it a try, he said, good naturely, no bother that they were moving along ok, not far to go. We were only 2 miles max from their anchorage when we first met up with them. So I continued to Scipio Creek Marina. I was much relieved when I saw them arrive at the anchorage across the river later and that they were gone this morning, I imagine contuing their trip.
They were in no danger at any time, not far from the anchorage, there was a good breeze, in the worst case they could have sailed, with lots of close tacking, to make it. Tow boat or Sea tow are just a hail away in fact there was a Sea Tow boat in Scipio Creek Marina when we arrived.
I have often read don't try to tow another boat with your trawler unless it is a life or death situation. I have often towed boats in my outboard fishing boat with no problem.
So, What would you have done?

If I could not have towed I would have stayed with them just in case, especially since it was not far to go.

Our boat is set up as yours is with a dinghy on the transom, which is not conducive to towing anything. So we'd do exactly what you did minus the return to give it a try.

Given where they were I presume communications with assistance services would have been easy plus I assume they had an anchor so they could wait for the assistance they called for if they fried the engine.

We have a no-tow policy. Our boat is not set up to do it and we have never had any experience doing it. We will stand by if conditions warrant it, we will relay assistance or emergency communications, but that's it. I've read or been told about too many "helped someone and then they sued us" instances to subject ourselves to that kind of risk.

The first thing I would have asked was "is there oil in the engine?".

If yes...then I would let him proceed or call assistance towing for him/stand by till it arrived.

If he said no..then I would have dropped my dingy into a short tow and taken him in long tow till assistance arrived or it would be so quick to the anchorage as to not bother calling.

If he had said ...."how am I supposed to know?"...I would have just left....people like that are trouble no matter what...better left on their own so they can't hurt anyone else....especially a sailboat in a good breeze. And after 35 years of assisting people on the water...99% of the time, what happened justifies my response. They made it anyway.

Marin said:

I've read or been told about too many "helped someone and then they sued us" instances to subject ourselves to that kind of risk.

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Under the Good Sam provision of maritime law, a skipper/master rendering aid is not liable for damages:

c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.

46 USC 2303 - Duties related to marine casualty assistance and information - Shipping - US Code

We have and will continue to tow when requested, either as a stern tow or (preferred) via side tie, as long as renderig such assitance doesn't put my vessel or crew in harm's way. I'm not going to debate the merits of why the person is in distress- I'll just render aid.

Pau Hana said:

Under the Good Sam provision of maritime law, a skipper/master rendering aid is not liable for damages:

We have and will continue to tow when requested, either as a stern tow or (preferred) via side tie, as long as renderig such assitance doesn't put my vessel or crew in harm's way. I'm not going to debate the merits of why the person is in distress- I'll just render aid.

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Well played PH. Good for boating Karma, if such things resonate with you.

Pau Hana said:

We have and will continue to tow when requested, either as a stern tow or (preferred) via side tie, as long as renderig such assitance doesn't put my vessel or crew in harm's way. I'm not going to debate the merits of why the person is in distress- I'll just render aid.

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I'm with Pau Hana on this. However, my boat is definitely set up for towing, so that makes it easier. We had guests aboard, it gave them something extra to remember

Scott Welch
Island Eagle

I think you did good, Steve. You were there, courteous, cautious, mindful, polite. After you offered the 2nd time and they chose to move on as they were, it wasn't necessarily because they didn't want to bother you..... it was their choice. Give yourself a break, already.

If conditions were very calm I'd consider a side tie. But it also appears that there was no urgency, so your approach was fine.

If I felt safe towing I would. If I had reservations just stand by and offer whatever assistance I could. If they refused then move along just as you did.

Pau Hana said:

Under the Good Sam provision of maritime law, a skipper/master rendering aid is not liable for damages:

c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.

46 USC 2303 - Duties related to marine casualty assistance and information - Shipping - US Code

We have and will continue to tow when requested, either as a stern tow or (preferred) via side tie, as long as renderig such assitance doesn't put my vessel or crew in harm's way. I'm not going to debate the merits of why the person is in distress- I'll just render aid.

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Highly subject to interpretation and I'm pretty sure you could still be sued in "local/state" civil courts.

Who the heck is going to chance it these days when it could be reasonably argued in court that professional towing help was nearby.

psneeld said:

Who the heck is going to chance it these days when it could be reasonably argued in court that professional towing help was nearby.

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Good point. These are the times we live in, but I hope that the dangers of the waterways still inspire the humane rather than the human.

^^^ I don't agree that there is any massive grey area about the Good Sam protection. Ordinary, reasonable, and prudent are not the acts of a superhero- it's regular folks being themselves. Reading the context of paragraph (c), the protections are very evident for a master/skipper that renders aid.


By the way, the rest of the law- note the wording that at vessel master shall do the following. This means the master is legally compelled to comply with the law.


Sec. 2303. Duties related to marine casualty assistance and information

(a) The master or individual in charge of a vessel involved in a marine casualty shall—
(1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel or to individuals on board; and
(2) give the master’s or individual’s name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.
(b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.
(c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.

Perhaps one might get sued in a state or local court- but there is Case law that makes that premise of a successful argument against the Good Sam Clause very unlikely:

KORPI v. U.S. - February 26, 1997.

I would chance it, and for what it is worth, I am a civil litigator here in Washington.

not really...in the assistance towing industry we see it all the time...the only action required is to save people from drowning.

Good Samaritan only protects to the level of training/experience...hence many doctors no longer stop for roadside accidents....too much can go wrong...too easy to sue...and even if you are protected...who needs the hassle. My suggestions help weed out 90 percent of those that could burn you.

Don't get me wrong...plenty of times and reasons to stop and help as I pointed out above. You have obviously never dealt with such total knuckleheads that no matter how often and what you tell them...they still ignore you and get hurt or damage their boat.

psneeld said:

You have obviously never dealt with such total knuckleheads that no matter how often and what you tell them...they still ignore you and get hurt or damage their boat.

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I have lived all over this fine country, and my opinion might be different if I was boating on the other coast. Sad, but true. Here in the PNW, I truly would not think twice.

Just my opinion based upon experience, not an east v. west thing.

If you think this case has ANYTHING to bear upon a good Samaritan tow in benign conditions...well....good luck...

KORPI v. U.S.*-*February 26, 1997.

MVNoPlans said:

I have lived all over this fine country, and my opinion might be different if I was boating on the other coast. Sad, but true. Here in the PNW, I truly would not think twice.

Just my opinion based upon experience, not an east v. west thing.

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And I don't disagree...two coasts, worlds apart.

Not having a towing bridle.... I would probably stay close by to help if they broke down. A side tie of a sailboat with our freeboard would be rough...and without a lot of fenders would damage us probably....

I'd certainly stay close by to help if I could...

For those that would have contemplated it...

They were going to an anchorage...a side tow would have been overkill and chancing damage.

For a 32 foot sailboat...a bridle isn't even remotely necessary for any trawler of similar or larger size, especially if the sailboat can steer behind you.

Sailboats tow with a breath of wind/or power....so it is really no big deal if you or the other person knows what they are doing...in fact a 5 gallon bucket rigged as a drogue with extra strong attachment points is often necessary to slow the sailboat down from over-running you when you slow.

The beauty of this op was just dropping the tow in a generic location within an anchorage...side towing or bringing that boat into a marina unless you have lot's of experience, the sailor has lot's of experience or the marina has a dock WAYYYYY out in the open is a recipe for disaster as I see it all the time.

There are statements of law posited in the final 2/3rds of that case that do pertain. It recites the duties of each party and the concise statement of what constitutes negligence. It also states that be it a private party or the USCG, what those standards are. Thus by analogy, there is good law in that case provided by PH. It is not necessary that it be "directly on point".

MVNoPlans said:

I have lived all over this fine country, and my opinion might be different if I was boating on the other coast. Sad, but true. Here in the PNW, I truly would not think twice.

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Unfortunately, every case I am aware of in which assistance was rendered and then the assisted individual(s) later turned around and sued their assistor for damages, health issues, and all sorts of other things, happened in .......... Washington State. This region is no less lawyer-lawsuit happy than any other so far as I've observed.

For this reason primarily we will not render physical aid to anyone for any reason other than pulling them out of the water, which our boat is equipped to do. And even then we woud be very hesitant to do so unless they were in very serious circumstances because they could be injured in the process of coming aboard our boat.

We'd give them something to get in or hang onto until official help arrived, but we would be very reluctant to deploy our lifting equipment because of the danger of their being injured in it or against the side of the hull.

It's a sad state of affairs to have to take this sort of a stance but we've brought it on ourselves in this country to the point where the risk of being subjected to personal damages and financial ruin are greater decision factors in these situations than the desire to help people out.

My experiences have been quite the opposite. But always recall, anyone can file suit in this fine country for the cost of the filing fee. It does not mean that the matter was meritorious or that damages were recovered.

One other point in maritime law...usually pertaining to salvage but important in all cases...

Was the weather...had it been a sunny day and a routine tow...many things that are "ordinary" are completely different under survival situations. Having been deposed plenty of times in maritime rescue and law enforcement cases....I often see the clear difference.

This case could have easily gone another way based on expert witness testimony....

quote...
The Plaintiff's expert witness, Captain Bourke, also has had extensive sea experience, including two years' service in the Coast Guard, in the early 1950's. His experience is not so much in search and rescue as in the operation of large commercial vessels. ..end quote

I know of a lot of "expert witnesses" WITH more experience than just a USCG boat crew that may have shed a lot more light on the situation.

I haven't had time to really read and ponder....but I really wouldn't use that specific case law for a Sunday afternoon tow suit....maybe it would work...but I just don't see it if ANY reasonable expert witness testified to "other options" the USCG could have employed.

psneeld said:

not really...in the assistance towing industry we see it all the time...the only action required is to save people from drowning.

Good Samaritan only protects to the level of training/experience...hence many doctors no longer stop for roadside accidents....too much can go wrong...too easy to sue...and even if you are protected...who needs the hassle. My suggestions help weed out 90 percent of those that could burn you.

Don't get me wrong...plenty of times and reasons to stop and help as I pointed out above. You have obviously never dealt with such total knuckleheads that no matter how often and what you tell them...they still ignore you and get hurt or damage their boat.

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I have dealt with folks in distress plenty of times- I've never dealt with "knuckleheads" as I don't judge why they are in distress; just as I would prefer not to be judged if/when I am in an extremis situation. It's arrogant to hold such a lofty position when in the position of assistign a fellow boater.

Read the law-Good Sam is a blanket protection, not a specific one. By its very wording, it (Good Sam) sets a very high bar against the filer of the lawsuit.

psneeld said:

If you think this case has ANYTHING to bear upon a good Samaritan tow in benign conditions...well....good luck...

KORPI v. U.S.*-*February 26, 1997.

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I did read it- did you? Did you understand the Findings and Conclusions?

psneeld said:

For those that would have contemplated it...

They were going to an anchorage...a side tow would have been overkill and chancing damage.

For a 32 foot sailboat...a bridle isn't even remotely necessary for any trawler of similar or larger size, especially if the sailboat can steer behind you.

Sailboats tow with a breath of wind/or power....so it is really no big deal if you or the other person knows what they are doing...in fact a 5 gallon bucket rigged as a drogue with extra strong attachment points is often necessary to slow the sailboat down from over-running you when you slow.

The beauty of this op was just dropping the tow in a generic location within an anchorage...side towing or bringing that boat into a marina unless you have lot's of experience, the sailor has lot's of experience or the marina has a dock WAYYYYY out in the open is a recipe for disaster as I see it all the time.

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Spoken like a true armchair quarterback. Hindsight is crystal clear, yes?

MVNoPlans said:

But always recall, anyone can file suit in this fine country for the cost of the filing fee. It does not mean that the matter was meritorious or that damages were recovered.

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You are absolutely correct. Lots of variables and the outcome of every legal action like this tends to be a crap shoot until it's settled, dismissed, or goes to trial.

But the stakes have simply become too high to gamble with to our way of thinking so we decided many years ago to eliminate the gamble and the risk altogether and leave rescuing and towing and and the rest of it to the people who get paid to do it, either by the government or as private businesses with the requisite liability insurance.

We will render communications assistance and flotation assistance (dinghy or other flotation devices, etc) but that's it. Unless the situation is actually life threatening to an individual we will not take anyone on board our boat and we will not tow another boat.

Of course every situation is different and there are many, many variables. So it's impossible to say one would "never do" such and such since it's impossible to predict the future. But our "policy" as stated above is the baseline from which we will make any decisions about rendering assistance in the unlikely event that we find ourselves in that position.

Once upon a time I was NB on the Alligator River/Pungo canal in my Sweden Yachts sailboat when I came upon a disabled twin engine Grand Banks 36. I stopped beside him and he said I can’t spend the night here since so many commercial tugs come thru here at night.

For those of you on the Lakes and PNW this is a straight man made canal in NC, with one turn in the middle. It is 22 miles long. It is crossed by 2 fixed bridges that serve the outer banks, 30 miles away. There is no development along the canal - no houses, no docks. The banks are eroding and lined with fallen trees. It’s a lonely place.

So I rigged up a stern bridle, passed him a tow line and towed him 11 miles to a safe anchorage.

I continued on my way to Alligator Marina just short of Ablemarle Sound.

No cell phones then, and little vhf coverage.

Mike

Sceptic said:

Once upon a time I was NB on the Alligator River/Pungo canal in my Sweden Yachts sailboat when I came upon a disabled twin engine Grand Banks 36. I stopped beside him and he said I can’t spend the night here since so many commercial tugs come thru here at night.

For those of you on the Lakes and PNW this is a straight man made canal in NC, with one turn in the middle. It is 22 miles long.

So I rigged up a stern bridle, passed him a tow line and towed him 11 miles to a safe anchorage.

I continued on my way to Alligator Marina just short of Ablemarle Sound.

No cell phones then, and little vhf coverage.

Mike

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That was a good deed. Nicely done.

Marin said:

We have a no-tow policy. Our boat is not set up to do it and we have never had any experience doing it. We will stand by if conditions warrant it, we will relay assistance or emergency communications, but that's it. I've read or been told about too many "helped someone and then they sued us" instances to subject ourselves to that kind of risk.

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Marin's thoughts are similar to mine. I and "crew" don't have the experience nor equipment necessary. The Coot isn't set up to tow a good-sized boat. If lives were in danger, I'd try to do "something" but not to the degree of endangering ourselves.

I would have towed him. I've done it before and am comfortable doing it. I did have a guy I was helping bash my boat once by accident. I was disappointed that he didn't man up to fix the damage he caused, but hey... I'd do it again. Good Karma.