Liability - SailNet Community
 
LinkBack Thread Tools
post #1 of 8 Old 06-28-2012 Thread Starter
Senior Member
 
Join Date: Jun 2007
Location: Old Saybrook
Posts: 324
Thanks: 1
Thanked 4 Times in 4 Posts
Rep Power: 9
 
Liability

Not sure if this has been discussed before, if it has please point me to the correct thread for my reading and learning enjoyment.

If you hold a CG OUPV license at what point in time does any liabilities to you come into play. example: 1. You are an invited guest on someones boat ( power/ sail doesn't matter) for a enjoyable afternoon. Do you have any unintended or assumed liabilities because of your license if something goes wrong?
2. similar situation - you are crewing for someone ie; rail meat, sail trimmer, etc. same question
In both of these examples you were never asked to be skipper, captain, or in command.
Come on lets hear some thoughts.

Peter
Boat less but sailing OPB
justified is offline  
Quote Quick Reply Share with Facebook
Sponsored Links
Advertisement
 
post #2 of 8 Old 06-28-2012
Junior Member
 
ps23435's Avatar
 
Join Date: Jul 2011
Posts: 9
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
 
Liability

Generally there would be no legal liability unless you had some legal duty to act. Just having the OUPV license does not create such a duty. The only way I can think of any possible liability is that you might be held to a higher standard IF you did decide to take some action. You may
then be held to the skills and knowledge expected of someone with that level of training.
ps23435 is offline  
Quote Quick Reply Share with Facebook
post #3 of 8 Old 06-29-2012 Thread Starter
Senior Member
 
Join Date: Jun 2007
Location: Old Saybrook
Posts: 324
Thanks: 1
Thanked 4 Times in 4 Posts
Rep Power: 9
 
Re: Liability

Thanks ps2 for the response, I was under the same opinion. This came up in a discussion with another local well known sailor/racer( can be arrogant and full of himself) when I said that myself and a couple others all got our OUPV's. The conversation went from there. I could understand assuming some more liability say if I were in the role as navigator and we hit a solid object, but even then I would think the final decision is that of the captain /helmsmen.
thanks again Peter
justified is offline  
Quote Quick Reply Share with Facebook
post #4 of 8 Old 06-29-2012
KNOT KNOWN
 
Capt.aaron's Avatar
 
Join Date: Dec 2011
Location: Guanaja, Bay Islands, Honduras
Posts: 1,320
Thanks: 1
Thanked 21 Times in 21 Posts
Rep Power: 4
 
Re: Liability

I know becoming lisenced took a lot of the fun out of rec. boating for me. Even if I'm not liable, I feel it. I was on a delivery with 3 100 ton captains. One of them said the guy with the biggest tonnage on his ticket would be held ultimatly responsable. I never looked to see if that was true. What would we do, draw straw's?

" Some are boat wise and some are other wise"
Capt.aaron is offline  
Quote Quick Reply Share with Facebook
post #5 of 8 Old 06-29-2012
Senior Member
 
KIVALO's Avatar
 
Join Date: Nov 2011
Location: Central New York
Posts: 391
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 4
 
Re: Liability

I don't know what the laws state but I do know that with personal injury lawyers, nothing is out of bounds. If your pockets are deep or even "sorta" deep (be it insurance or personal wealth) I wouldn't put it past them to sue you. Personal injury lawyers are lower than mobbed up loan sharks if you ask me.

Does the board have any lawyers that specialize in maritime case to offer a professional opinion?

Brad
s/v KIVALO

s/v KIVALO
2003 Hunter 260
"Any damn fool can navigate the world sober. It takes a really good sailor to do it drunk." - Sir Francis Chichester while loading his boat with gin.
WORK IS OVER-RATED
KIVALO is offline  
Quote Quick Reply Share with Facebook
post #6 of 8 Old 06-29-2012
Senior Member
 
tommays's Avatar
 
Join Date: Sep 2008
Posts: 4,296
Thanks: 1
Thanked 30 Times in 30 Posts
Rep Power: 7
 
Re: Liability

My son is a prosecutor and we had a BIG discussion about this because the Safety at Sea waiver was so OUT OF CONTROL this year (I had to be liable if i damaged there docks )

In simple words you have to do something well out of normal and appropriate behavior for it to get very far AND by the same token Safety at Sea in reality could not in reality pre waiver behavior of there staff if they did something really out of the norm

Like for example shoot me in head with flare gun

1970 Cal 29 Sea Fever

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

1981 J24 Tangent 2930
Tommays
Northport NY


If a dirty bottom slows you down what do you think it does to your boat
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
tommays is offline  
Quote Quick Reply Share with Facebook
post #7 of 8 Old 06-29-2012
Senior Member
 
Join Date: Dec 2003
Posts: 1,474
Thanks: 1
Thanked 26 Times in 25 Posts
Rep Power: 12
 
Re: Liability

We used to oversimplify and consider that an officer could not be held personally liable unless he had committed a "feasance" violation. These are:
Non-feasance, you didn't do what you should have known (by your training and experience) needed to be done.
Mal-feasance, you did the right thing, but you did it badly or wrong, as you should have known as above.
Mis-feasance, you did the wrong thing, also as above
capttb is offline  
Quote Quick Reply Share with Facebook
post #8 of 8 Old 06-29-2012
Battered and Bruised
 
Silvio's Avatar
 
Join Date: Nov 2010
Posts: 490
Thanks: 0
Thanked 7 Times in 4 Posts
Rep Power: 5
 
Re: Liability

I am in agreement with ps23435 and capttb when they take the approach of being sued in tort. The fact of having a license should only be relevant as evidence to prove your negligent behavior compared to other professionals in the field OR if you were in a "for hire" capacity. If you are a guest, unpaid crew, or an observer to a catastrophe you are under no obligation to act unless there exists a relationship between you and the "victim" that gives rise to your responsibility such as parent-child, employer-employee, you are the cause of the dangerous situation, you have undertaken affirmative action to help which has been relied on by the victim, etc.

Should be an interesting discussion. Hopefully a legal professional practicing maritime law will offer a thought or two outside of a negligence tort approach.

SV S.S.R.I
It's my happy pill
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Silvio is offline  
Quote Quick Reply Share with Facebook
Reply

Quick Reply
Message:
Options

By choosing to post the reply above you agree to the rules you agreed to when joining Sailnet.
Click Here to view those rules.

Register Now



In order to be able to post messages on the SailNet Community forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
Please note: After entering 3 characters a list of Usernames already in use will appear and the list will disappear once a valid Username is entered.


User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in









Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Similar Threads
Thread Thread Starter Forum Replies Last Post
Liability risk with courtesy car lshick Other Destination 1 06-14-2010 06:00 PM
Mexico Liability Insurance andantesail Pacific Seacraft 0 03-22-2010 09:41 AM
Skipper's Liability? Bryan53 Chartering 21 03-21-2007 12:15 AM
Liability insurance davejean General Discussion (sailing related) 1 06-28-2001 04:40 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome