Join Date: Jul 2013
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Re: Mutiny at Dawn - Transpac Race 2013
July 4, 2012
3 children were killed off long island when a 34 foot Silverton, clearly overloaded with 27 people on it, capsized.
No charges where filed despite the fact that it was actively investigated by the local D.A. As there was no criminal negligence, I'm sure the insurance company would have to pay any claims if they arose. (The victims' parents were family of the boat owners, so perhaps this may be why no claims were made).
By your logic, the parents of the dead children would bear the blame for allowing their kids on that boat, despite the fact that they may have had no knowledge of what constitutes an overloaded boat.
So, the criminal justice system decided the captain actions weren't criminal. And you can't necessarily blame the dead children's parents for not knowing enough about the capacity of 34 foot Silvertons.
So where does the fault lie? I'm sure most here would agree that the blame lies with the captain. Yet the captain is a free man and his finances probably untouched.
What if one of the adults on that boat had raised issue with the captain? What if he or she called the coast guard on a cell phone and the CG said, "Well, there are no laws saying that there can't be 27 people on a 34' silverton, so we can't really do anything."
I know the analogy is not perfect here, but I hope you get the gist.
In the example I cited in my previous post...a very good friend of mine and his insurance company paid out $6M. I can't speak for your example or your D.A. I can tell you what happened in this instance.