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Old 11-02-2012
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Re: HMS Bounty in trouble...

Quote:
Originally Posted by jameswilson29 View Post
The interesting legal liability issue is whether the owner would be liable for the woman's death after this video is posted to YouTube, assuming he continues to employ the captain.

I believe he is the president and CEO of a large intl. corp, Dow Corning maybe? Find the deep pockets, as they say in the PI field.

If you continue to employ this kind of captain, should you be held personally liable for his negligence? Does the posting of the video constitute sufficient notice/knowledge of the captain's recklessness and incompetence?
Tricky question. You would first have to be established that the captain was serious when he made the "chasing hurricanes" comment. You would need testimony of the crew that either he said that and followed up on his word or that he had established a history of putting the ship and crew in stormy weather while avoiding calmer weather.

Then you would have to establish if the owners knew about the video. That would require eye-witness testimony or some documentation proving the owners were aware of the video.

If you didn't have that you would need to convince a judge or jury that it would be a reasonable expectation to say the owners SHOULD have known about the interview as it was their responsibility to be proactively knowledgeable on what activities were taking place on the ship. Any lack of knowledge on their part about the captain's activities and attitudes, especially regarding safety, could be construed as negligence on the part of the owners.

You can be sure the insurance company lawyers are already looking into this. This video is very damning.
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