SailNet Community - Reply to Topic

   Search Sailnet:

 forums  store  

Quick Menu
Boat Reviews  
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Hatches and Portlights
Interior And Galley
Marine Electronics
Other Items
Plumbing and Pumps
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here

Go Back   SailNet Community > General Interest > General Discussion (sailing related) > Liability
 Not a Member? 

Thread: Liability Reply to Thread

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

Send Trackbacks to (Separate multiple URLs with spaces) :
Post Icons
You may choose an icon for your message from the following list:

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:
Please enter a password for your user account. Note that passwords are case-sensitive.
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:


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.

Click here to view the posting rules you are bound to when clicking the
'Submit Reply' button below

Additional Options
Miscellaneous Options

Click here to view the posting rules you are bound to when clicking the
'Submit Reply' button below

Topic Review (Newest First)
06-29-2012 10:14 AM
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.
06-29-2012 09:37 AM
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
06-29-2012 08:02 AM
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
06-29-2012 07:38 AM
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?

06-29-2012 07:12 AM
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?
06-29-2012 06:27 AM
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
06-28-2012 06:24 PM

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.
06-28-2012 06:10 PM

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.

Boat less but sailing OPB

Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

All times are GMT -4. The time now is 08:40 PM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2015, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) LLC 2000-2012

The store is owned and operated by a company independent of the forum. You are now leaving the SailNet forum. Click OK to continue or Cancel to return to the SailNet forum.