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Go Back   SailNet Community > Out There > Vessels Lost, Missing, or in Danger > Ocean baby rescue underway off Mexico
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Thread: Ocean baby rescue underway off Mexico Reply to Thread
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Topic Review (Newest First)
01-29-2015 07:32 PM
Kostis
Re: Ocean baby rescue underway off Mexico

Excuse me, but we do we pay taxes?
01-18-2015 04:41 PM
Sunphish
Re: Ocean baby rescue underway off Mexico

Should they pay for their rescue?

My mother, at age 92 broke her hip. The county rescue squad responded and transported her to the hospital. Some time later we got a bill for part of the transport.

My mother didn't really have any involvement in putting herself in the position where she needed rescue, other than living to 92.

I think Eric should pony up.
12-22-2014 07:47 PM
fryewe
Re: Ocean baby rescue underway off Mexico

The boat wasn't scuttled for lack of phone service. The boat wasn't scuttled because it was unseaworthy (although it's condition seemed to be degrading).

The boat was scuttled because Eric chose to abandon it and to scuttle it as he left it.

The medical advice they are insisting would have solved all their problems (if only that darn phone had worked!!!) was eventually provided by the pararescue team and the frigate that responded. The boat was still afloat and seaworthy when they got that assistance, and the child whose health had been at risk was reportedly no longer at risk at the time of frigate rendezvous.

Their dream of sailing to the south seas was aborted due to their own poor planning and lack of grit when the going got tough. Some day I hope they feel embarrassed for demanding that someone else pay for their mistakes.
12-22-2014 07:04 PM
miatapaul
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by jzk View Post
There is a very good chance that Eric's statement will be inadmissible as irrelevant. What does it go to prove? That Eric knew that the company might be negligent? Assumption of the Risk? Unlikely.

If you ride the CTA bus, and twice before you got in accidents because the bus driver was negligent, would that be a defense for the third accident? Unlikely.

Not saying they will win. Not saying they will lose. But that is sort of the analysis.
Well since he said repeatedly that sat phones were not reliable to use as a safety device, at the very least it shows that the lawsuit is disingenuous. Of course when there is profit to be made, your intentions can change, especially when a lawyer starts making promises. In the CTA case they caused an accident, in the sat phone case, they have never promoted it as a safety device but as a convenience. There contract clearly states that they are not to be held liable for laps of coverage. And certainly it did not cause the loss of the Rebel Heart. They had several mechanical and structural failures.
12-22-2014 04:34 PM
zeehag
Re: Ocean baby rescue underway off Mexico

strange how they were able to get help from air national guard, out of north cali when they needed help,and strange how these rescuers were on board when the alleged calls went out.
no fone company caused any loss of boat.
those of us with gps KNOW that satellite communications are interruptable unexectedly and for no reason other than running out of range of satellite.
i bellieve this had been discussed at length before this particular family set out on their misadventure.
splain the on boat rescuers vs inability to get help to me a few more times as i am not able to understand this part.
were i a juror in this fiasco i would have to rule on side of fone company on the merit of known information, published by both erik and charlotte as they went thru this.
facts is facts and there is a published timeline to read and know, as it has been published many too many times at this point.
12-22-2014 04:09 PM
rgscpat
Re: Ocean baby rescue underway off Mexico

Of course, if the company had to go to court and tell people that their equipment was not to be relied upon, and that as well had always been the company's position, that might not be the best thing from a marketing perspective.
12-22-2014 01:24 PM
jzk
Re: Ocean baby rescue underway off Mexico

There is a very good chance that Eric's statement will be inadmissible as irrelevant. What does it go to prove? That Eric knew that the company might be negligent? Assumption of the Risk? Unlikely.

If you ride the CTA bus, and twice before you got in accidents because the bus driver was negligent, would that be a defense for the third accident? Unlikely.

Not saying they will win. Not saying they will lose. But that is sort of the analysis.
12-22-2014 01:14 PM
miatapaul
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by jzk View Post
If you buy a piece of safety equipment, is it reasonable that you would expect it to work? Even if you are a moron, should that safety equipment still work?
I think this has been linked before but here is Eric's (from Rebel Heart) take on using satalite phones for emergancy use:

Quote:
I would never rely on an Iridium phone for my single connection to a satellite in an emergency.

Twice I've had the phone provider deactivate my SIM card. Once because of a billing error, another time for some unknown reason. On both accounts I was still on shore and could call with a cellular phone to fix the issue, but it drove home for me that they are not emergency gear.

They also don't float and although the new "extreme" model is water resistant they're hardly waterproof.

An EPIRB you buy, it's built like a tank, you mount it, and it sits there waiting like a patient sentinel for years if you ever need to use it. It has its own GPS.

I also probably use my Iridium more than anyone else does (~100-500 minutes a month); they are finicky. No way are you going to sit there in some horrible storm reading the GPS position off a receiver in the life raft as your Iridium phone stays on a perfect connection and you rattle off your position. I guess it's possible but I'll stick with the EPIRB for emergencies.
Ship safety, SOLAS and national regulation - are they relevant to yachts - Cruisers & Sailing Forums

I am sure this will show up in court. It was not new to him that he could get his phone cut off, I guess as they say third time is the charm. Unfortunately the third time was while he was in the middle of the ocean, but I am sure it came as no surprise to him. Ironic thing about his posts is he was very harsh against anyone who was not 100% prepared for offshore.
12-22-2014 11:26 AM
SVAuspicious
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by jzk View Post
If you buy a piece of safety equipment, is it reasonable that you would expect it to work? Even if you are a moron, should that safety equipment still work?
Consumer satellite phones are not safety equipment. There are good reasons that sat phones are not part of GMDSS despite applications from Iridium and Globalstar.
12-22-2014 11:15 AM
smackdaddy
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by jzk View Post
I guess the two questions are whether the limitations in the contract are valid and whether abandoning the boat was caused by the lack of sat phone service.
This latter part is what you need to look for - in this thread and on CF. I think you'll find the answer had a lot more to do with them than their sat phone.
This thread has more than 10 replies. Click here to review the whole thread.

 
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