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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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Topic Review (Newest First)
7 Minutes Ago 12:15 PM
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.
15 Minutes Ago 12:07 PM
miatapaul
Re: Ocean baby rescue underway off Mexico

Add to that that he made several public posts that sat phones are not suitable for emergency use. So I doubt there is much of a claim, as he already declared that they were not suitable for the use that he is now claiming he did not have access to.
24 Minutes Ago 11:58 AM
jzk
Re: Ocean baby rescue underway off Mexico

Thanks, I will look for the contract. 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.

Many limitations of liability clauses are simply not valid. And I am not sure that the abandonment is not a foreseeable result of the actions here.

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?

Quote:
Originally Posted by UnionPacific View Post
I do not know where the contract is now, I found it once before.

I like this tidbit I just found


Man, glad no one was sailing before epirbs and satellite phones single handed. Or for that matter that they don't do this now....
Seriously this lawyer knows nothing about sailing, so it seems.
41 Minutes Ago 11:42 AM
UnionPacific
Re: Ocean baby rescue underway off Mexico

I do not know where the contract is now, I found it once before.

I like this tidbit I just found
Quote:
Attorney Gilleon: There are several differences with Eric singlehanding in Baja versus continuing the Pacific crossing alone. He would crewless, without an EPIRB, and without a satellite phone. Combined it presents a threat that is clearly too high for multiple additional weeks of transoceanic passage making.
Man, glad no one was sailing before epirbs and satellite phones single handed. Or for that matter that they don't do this now....
Seriously this lawyer knows nothing about sailing, so it seems.
1 Hour Ago 11:08 AM
jzk
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by UnionPacific View Post
The company's contract was pretty clear. They covered their bases well.
Is the contract published somewhere?

Thanks.
1 Hour Ago 11:00 AM
UnionPacific
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by jzk View Post
Why do you find it unlikely that they will win?
The company's contract was pretty clear. They covered their bases well.
1 Hour Ago 10:54 AM
jzk
Re: Ocean baby rescue underway off Mexico

Why do you find it unlikely that they will win?

Quote:
Originally Posted by Minnewaska View Post
The legal tack may be the only way they'll get a boat back, for all I know. Some ambulance chasing lawyer has likely confirmed their insanity and is working on contingency. Other than suffering the slings and arrows of web forums, it's probably costing them nothing. Hard to imagine them not even trying, just to prove they understand their own errors.

That said, I find it rather unlikely they will win.
2 Hours Ago 10:14 AM
UnionPacific
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by Minnewaska View Post
That's interesting. Declining free money is not typical of one with major character flaws.

So on to a new hypothesis. So outraged at losing coverage right when their baby was sickest is driving a need for revenge.

I can keep making these up, if it helps.
I would go with broken boat, realizing they would never make it, their kid got sick, not getting better, they got a free, safe ride home, and insurance gave them enough to replace the boat with a better one.

People that followed it from day 1 knew that they had delaminated decks, and other major issues with the boat.

This is why the man did not stay behind to single-hand the boat back to port. Because their boat was a piece of junk. I will take an SSB or HAM radio over a sat phone any day, thou we will most likely pick up a spot phone to call people at home.
2 Hours Ago 09:57 AM
Minnewaska
Re: Ocean baby rescue underway off Mexico

That's interesting. Declining free money is not typical of one with major character flaws.

So on to a new hypothesis. So outraged at losing coverage right when their baby was sickest is driving a need for revenge.

I can keep making these up, if it helps.
2 Hours Ago 09:45 AM
UnionPacific
Re: Ocean baby rescue underway off Mexico

Quote:
Originally Posted by Minnewaska View Post
The legal tack may be the only way they'll get a boat back, for all I know.
As I remember it, it was fully insured, and they declined the thousands people had raised for them to help them recover their personal items.

Fully insured boats are the first to be abandoned at sea.
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