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Go Back   SailNet Community > Out There > Vessels Lost, Missing, or in Danger
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  #1071  
Old 11-30-2012
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Re: HMS Bounty in trouble...

Thanks Julie for clearing things up for us.

Could someone call the Coast Guard and let them know no investigation is needed on the sinking of Bounty?

We can defer the investigation money to pay down the US debt!
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  #1072  
Old 11-30-2012
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Re: HMS Bounty in trouble...

Just to clarify there could be at least three different types of legal proceedings arising out of these kinds of incidents:

1. Administrative proceeding by government agency against individual or entity, i.e., U.S.C.G. investigation, concerned with violation of statutes, rules and regulations, affects govt. licensing and privileges, may assess fines;

2. Civil lawsuit between private parties, i.e. wrongful death case against estate of Captain, concerned with liability and damages with burden of proof being a mere preponderance of the evidence; and

3. Criminal prosecution (only if capt. had survived) by govt., i.e., involuntary manslaughter based on conduct evidencing reckless disregard of human life, concerned with guilty or not guilty verdict with burden of proof being beyond a reasonable doubt.

As far as I know, there is only a pending administrative proceeding now.

Posters seem to be confusing the terms between these different types of proceedings. "Guilty" or "not guilty" have nothing to do with civil lawsuits. Those are verdicts from a criminal prosecution by the government.

Perhaps that is why some are defending him. A civil action has nothing to do with his character, experience or past good deeds. In a civil case, the primary concerns are: Did he breach a duty imposed upon him by law and if he did, did his breach proximately cause an injury/death to another, and what are the damages suffered as a result or consequence?

The sweetest/most experienced person in the world could still have liability for monetary damages to another person because of a single failure to uphold a legal duty.

Last edited by jameswilson29; 11-30-2012 at 04:32 PM.
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  #1073  
Old 11-30-2012
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Re: HMS Bounty in trouble...

I'm sure a good lawyer could find lots more different types of proceedings... And then there's all,the different types of appeals in all the different courts for all the different proceedings.

I think some lawyers would be rubbing, judiciously, their hands together. A nice class action here could buy them their own boat!
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  #1074  
Old 11-30-2012
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Re: HMS Bounty in trouble...

I would venture a guess that the family of the deceased woman has been contacted (of course not solicited) by those interested in being financially set for the rest of their lives.
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  #1075  
Old 11-30-2012
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Re: HMS Bounty in trouble...

Quote:
Originally Posted by jameswilson29 View Post
Posters seem to be confusing the terms between these different types of proceedings.
I was intentionally all over the place when I did this. I started a motion but it seemed too serious and I didn't want to get into anything that would look anything close to serious to the law professional. I wanted this to be light-hearted. That's why I added the images on the first page and answered the interrogatories as if they were criminal charges.

But how about you being presiding judge? Just don't be too hard on us flunkies. BTW, my law firm is Dewey, Cheatum & Howe.
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  #1076  
Old 11-30-2012
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The Weather Channel Special ďCoast Guard: HMS Bounty Rescue

First broadcast will be Dec 5th, Check your local listings.
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  #1077  
Old 11-30-2012
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Re: HMS Bounty in trouble...

Quote:
Originally Posted by chef2sail View Post
Can we agree to post only new material which hasnt been posted already.
OK, this should qualify - although it will no doubt raise the hackles of those who feel our only role in this thread, should be to advise them solely of the latest developments in the investigation into the sinking of the BOUNTY... (grin)

Sliding up Delaware Bay this morning in yet another flat calm, I came across the following letter in the November issue of SAILING... Although it is in response to an editorial by Bill Schanen regarding life jacket regulations, it speaks also to the tangential discussion in this thread, and my contention that the latest and greatest technology does not necessarily, or by definition, make today's sailors better, or safer...

Just part of the opinion from a renowned professional sailor, whose experience and knowledge is likely more vast by several orders of magnitude than all of us here put together:

Quote:

...

Overuse of PFDs actually promotes a sense of fear on the water, and leads to what can be a false sense of security.

Due to electronic navigation methods, we have already lost various "seat of the pants" skills, along with many fundamental techniques - call it the art of sailing. With the ultra efficient and all pervasive means of communication (cell and sat phones now de rigueur) we have also lost part of the sense of freedom and certainly a large share of privacy in going to sea. This is the unstoppable march of technological evolution, but we need not go down this route being forced to wear PFDs at times when they are not warranted.

Skip Novak
Cape Town, South Africa
Sorry, I couldn't resist... (grin)
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Last edited by JonEisberg; 11-30-2012 at 08:04 PM.
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  #1078  
Old 12-01-2012
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Re: HMS Bounty in trouble...

I think this thread now needs its own theme song.

This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didn’t know what it was.
And, they keep on posting to it to it because…..

(Was the original Muppets or Fraggle Rock?)
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  #1079  
Old 12-01-2012
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Re: HMS Bounty in trouble...

I keep checking in as I am hopeful for info from survivor interviews about
the conditions and their experiences leading up to the sinking.
It has been 10 or 12 days since I last checked but did any of
the crew members ever fill in with a lot of missing info ?
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  #1080  
Old 12-01-2012
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Re: HMS Bounty in trouble...

Quote:
Originally Posted by Roger Long View Post
I think this thread now needs its own theme song.

This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it because
This is the thread that never ends.
It goes on and on my friends.
Some people started posting to it because
They didnít know what it was.
And, they keep on posting to it to it becauseÖ..
Quote:
Originally Posted by chef2sail View Post
...I understand the bar analogy. I guess there are always a few drunks at the bar who say the same thing over and over again,,,,just because they are drunk and like the sound of their voice.

I get it.
Well, welcome to the bar

According with chief opinion you should be VERY drunk!

Regards

Paulo
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