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post #4 of Old 03-19-2007 Thread Starter
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OK. Say for example “Joe” bareboat charters a boat and invites “Sam”, his good friend, along and they agree to split the cost. Joe is the only one qualified to skipper the boat according to the charter company, so the contract to charter is between the company and Joe. During the charter trip the boat heels during a wind gust while Sam is descending the companionway steps and Sam loses his balance, falls and cracks his head open on the corner of the nav desk. Sam dies of his injury. Later, Sam’s only relative, a sister named Sue who Joe has never met, sues Joe for negligence because Joe, as skipper of the boat, allowed it to heel resulting in Sam’s untimely death. Does Joe’s status as skipper of the boat expose him to such liability?
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