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One of my pet peeves is people that don't know what they're doing telling people what what to do! And the basic assumption, that only men get behind that wheel or on the tiller, don't move their butt and think it's their job to spout orders even they don't know how tell people what or how to do things, I saw that next to my boat over the weekend this young man apparently just got the boat, chatty Kathy girlfriend of his was on the boat, neither of them knew what they were doing but it didn't keep him from telling her to go and untie the lines. She had no idea whatsoever what to do, thankfully for them, the engine started smoking and they came right back to the slip. In all fairness this is not all or most men but the colonial way of thinking is still well entrenched, again In fairness and there are plenty of women that differ to the male just because they are male. I don't this want it to be a knock down drag out male female battle but it's pretty hard to avoid the issue!
Maybe theres more to the story than what you’ve related here but other than “telling” rather than asking her to untie the lines I don’t understand what he did wrong. Since someone had to be at the helm and she was just a “chatty Kathy” who didn’t have any more clue than he did about how to
operate a boat, and it was his boat, not hers, it seems like they divided up the necessary duties about as well as a couple of novices could be expected to. Would you really have thought it better if he untied the lines himself and put “chatty Kathy” at the helm of his new boat, or tried to do it all himself? Other than apparently not being as polite as he should have been when he “told” her to untie the lines, how should he have handled it differently?
 

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Well when I heard him ask someone invisible how he should get the boat out of the slip I kind of started paying attention.
 

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One of my pet peeves is people that don't know what they're doing telling people what what to do! And the basic assumption, that only men get behind that wheel or on the tiller, don't move their butt and think it's their job to spout orders even they don't know how tell people what or how to do things, I saw that next to my boat over the weekend this young man apparently just got the boat, chatty Kathy girlfriend of his was on the boat, neither of them knew what they were doing but it didn't keep him from telling her to go and untie the lines. She had no idea whatsoever what to do, thankfully for them, the engine started smoking and they came right back to the slip. In all fairness this is not all or most men but the colonial way of thinking is still well entrenched, again In fairness and there are plenty of women that differ to the male just because they are male. I don't this want it to be a knock down drag out male female battle but it's pretty hard to avoid the issue!
I avoided it, easily.
 

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.........................................
......"The skipper, seeing his boat was about to graze a boat across the fairway, asked a crew member to step out on the deck and fend the boat off with her foot. She lost her footing and fell between the two boats, causing injuries to both her legs."


Many times have people (crew, friends experienced, no experienced etc.) on board, prior to docking or leaving ask them to keep clear from dock and pylons, because 12000 lb displacement will crush any human body, exception is the use of boat hook, if they do not follow my instructions I yell!!!
Broken bones hurt a lot!!!
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....." The skipper should have had a boat hook ready, he admitted. He accepts ultimate blame for his vessel and the direction it took"

Absolutely
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Does anyone have a professional opinion or have you ever come across a similar scenario?

Many
Just years of watching marinas.
Some tragic, many hilarious

[/QUOTE]
 

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Threads with "who is at fault" in the title are a great read, because it forces us to think, and maybe learn from someone else's inexperience or mistake. There are so many lessons for me in these threads beyond awareness of keel boats and mast compression post integrity.

This thread is interesting to hear opinions from sailors with various levels of experience, but, from a legal/insurance claim perspective, it is more of an exercise in futility. One of the most frequent responses when there are too many unknown variables (as in this example) is "It depends." LOL. The "depends" means a result can pivot on application of the specific state law (Common Law) where it occurred, and, whether Federal maritime law (Admiralty) will be applied, which usually takes priority over state law, except for certain aspects, sometimes, such as calculation of damages.

Variations in state law can lead to inconsistent (even opposite) results (if an identical accident occurs in one state versus another). Example: Maryland and Virginia are two of only five states that still use the "Contributory Negligence Rule", meaning if an injured victim is even only 1% at fault for causing an accident, he/she is barred from bringing a claim against the party whose negligence contributed 99% of the event. States that are not Contributory Negligence are "Comparative Negligence" jurisdictions, meaning an injured victim can usually bring a claim as long as his/her negligence did not contribute more than 50% of the event; however, his/her recovery will be reduced by the amount of his/her own negligence in contributing to the event (you cannot collect for the part of the injury that you yourself caused).

So, in this example, most would probably agree that the injured crew member (inexperienced and just following instructions) was probably free from fault, so regardless of where it occurred, would make a claim against the skipper, the owner of parked vessel (for being illegally parked), and the marina (for not enforcing "no parking" zone).

The owner of the illegally parked vessel (collective wisdom of the thread has assessed some fault for being illegally parked) might be able to make a claim against the skipper, unless it occurred in Maryland or Virginia, in which case said claim would be barred because of the Contributory Negligence Rule, unless, of course, Federal maritime law directs otherwise (and I am not sufficiently familiar with maritime law to elaborate, sorry, probably maybe no one still reading this anyway).

So you see why it is properly frequently stated, it depends. Be safe.
 
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