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11-02-2013, 16:37
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#1
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Registered User
Join Date: May 2008
Location: puɐןsuǝǝnb 'ʎɐʞɔɐɯ
Boat: Nantucket Island 33
Posts: 4,864
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Perfect example how one bad apple ruins it for all
Unfreakin' believable. This is what happens when common sense starts to become uncommon.
Quote:
LOOSE and adrift vessels in Mackay are causing a headache for Volunteer Marine Rescue (VMR).
An ongoing and expensive legal battle has forced the organisation to ban its volunteers from retrieving unmanned vessels when they become unsecured.
In 2006, VMR volunteers were asked by police to retrieve an older vessel on the Gold Coast, Marine Rescue Queensland secretary manager Harry Hubner said.
Mr Hubner said the vessel, which he predicted was not worth more than $5000, was owned by a New Zealander who was now suing the organisation for $70,000 for damage he claimed was caused during the "rescue".
The case is still ongoing and has already cost the organisation more than $20,000 in legal fees.
"We've now turned around and said, 'You can't touch any boats that are unmanned'," Mr Hubner said.
With a vessel coming loose in Mackay last week, Peter Smith, president of VMR Mackay said they were "stuck between a rock and a hard place".
Mr Smith said it wasn't that they didn't want to help, it's that they couldn't afford to be held responsible for damage that might happen after the boat is re-anchored.
"On the other hand, if we had the owner with us that's different, the responsibility is on him," he said.
Mr Hubner admitted not everyone was happy about the ruling, with police often asking the organisation to assist in the retrieval of unmanned vessels.
"We've said 'no' to both Maritime Safety Queensland and police," he said.
"We've asked them to put in writing that we won't be held accountable - we're a bunch of volunteers - but they won't.
"If we get these stupid claims, our premiums (will) just keep rising."
Mr Hubner said they would continue to fight their current legal battle and have refused to settle out of court.
"If this guy wins this case, we're screwed," he said.
"He will set a precedent that will open a can or worms."
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Source: Unsecured vessels cause headache for VMR | Mackay Daily Mercury
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11-02-2013, 17:17
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#2
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Moderator Emeritus
Join Date: Aug 2005
Location: Carlsbad, CA
Boat: 1976 Sabre 28-2
Posts: 7,505
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Re: Perfect example how one bad apple ruins it for all
I thought the US legal system was totally screwed. Small comfort that the Oz system is even worse.
__________________
Peter O.
'Ae'a, Pearson 35
'Ms American Pie', Sabre 28 Mark II
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11-02-2013, 19:23
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#3
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Registered User
Join Date: Mar 2009
Location: Homer, AK is my home port
Boat: Skookum 53'
Posts: 4,042
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Re: Perfect example how one bad apple ruins it for all
It is unfortunate that no good deed goes unpunished. I am sorry for their troubles, one shouldn't be liable in that situation, what does the owner think would happen if allowed to drift around?
__________________
" Wisdom; is your reward for surviving your mistakes"
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11-02-2013, 19:35
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#4
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Moderator
Join Date: Nov 2011
Location: aboard, cruising in Australia
Boat: Sayer 46' Solent rig sloop
Posts: 28,432
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Re: Perfect example how one bad apple ruins it for all
This isn't about logic, it's about using the Courts as a form of lottery. Shame on him!
Ann Cate, s/v Insatiable II
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11-02-2013, 19:37
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#5
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Moderator Emeritus
Join Date: Feb 2004
Location: Sunshine Coast, Qld, Australia
Boat: CyberYacht 43
Posts: 5,174
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Re: Perfect example how one bad apple ruins it for all
An interesting case. There's a bit more here, here and here.
The latest reference that I could find is well over 2 years ago. Pity the reporter didn't dig a little deeper.
And a reminder to all of us that once we take control of another's boat without authorisation from the owner we also assume liability for the outcome.
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11-02-2013, 19:42
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#6
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Registered User
Join Date: Mar 2003
Location: Philippines in the winters
Boat: It’s in French Polynesia now
Posts: 11,368
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Re: Perfect example how one bad apple ruins it for all
Sounds like a good opportunity of salvager's to make some money.
__________________
Faithful are the Wounds of a Friend, but the Kisses of the Enemy are Deceitful! ........
The measure of a man is how he navigates to a proper shore in the midst of a storm!
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11-02-2013, 20:01
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#7
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Registered User
Join Date: Aug 2011
Location: Melbourne Australia
Boat: Paper Tiger 14 foot, Gemini 105MC 34 foot Catamaran Hull no 825
Posts: 2,912
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Re: Perfect example how one bad apple ruins it for all
VMR do an excellent job under usually extreme circumstances,
They should have a Govt waiver on being sued,
This bloke from what I have read, should be standing before a Magistrate facing numerous charges,
In both NZ and OZ.
Oppurtunist trying for a new boat,
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11-02-2013, 20:32
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#8
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Registered User
Join Date: May 2008
Location: puɐןsuǝǝnb 'ʎɐʞɔɐɯ
Boat: Nantucket Island 33
Posts: 4,864
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Re: Perfect example how one bad apple ruins it for all
Quote:
Originally Posted by Boracay
An interesting case. There's a bit more here, here and here.
The latest reference that I could find is well over 2 years ago. Pity the reporter didn't dig a little deeper.
And a reminder to all of us that once we take control of another's boat without authorisation from the owner we also assume liability for the outcome.
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That was interesting reading and filled in some missing pieces. Thanks!
Problem we have up here is that aside from the VMR we have no-one. No Sea-Tows, no Coast guard and for all intents and purposes no water police. And whilst I wasn't aware of the VMR policy of not rescuing unattended vessels, I was aware that they will refuse to save or tow a vessel if the crew have previously declared a Mayday - even if the crew try and downgrade their emergency whilst the rescue is under way. I'm now guessing this is for the same reasons they don't want to know about unattended boats as they would be obligated to remove all crew from the boat, effectively leaving it unattended.
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11-02-2013, 21:04
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#9
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Registered User
Join Date: Oct 2011
Boat: WTB Lagoon or Leopard 38'-40'
Posts: 1,271
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Re: Perfect example how one bad apple ruins it for all
Quote:
Originally Posted by Reefmagnet
I was aware that they will refuse to save or tow a vessel if the crew have previously declared a Mayday - even if the crew try and downgrade their emergency whilst the rescue is under way. I'm now guessing this is for the same reasons they don't want to know about unattended boats as they would be obligated to remove all crew from the boat, effectively leaving it unattended.
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My guess is that the "Mayday" call indicates that the boat is not seaworthy and that the crew is therefore in imminent danger. Naturally, they don't want to turn a volunteer rescue effort into a volunteer towing and salvage operation. If you call "Mayday" to get help, you are asking for your life to be saved, not your beer cooler.
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11-02-2013, 21:43
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#10
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Moderator Emeritus
Join Date: Sep 2007
Location: Eastern Tennessee
Boat: Research vessel for a university, retired now.
Posts: 10,406
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Re: Perfect example how one bad apple ruins it for all
The problem isn't the guy who is suing. The problem is a legal system that is giving legitimacy to nonsense.
__________________
David
Life begins where land ends.
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11-02-2013, 21:55
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#11
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Registered User
Join Date: Feb 2012
Posts: 2,441
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Re: Perfect example how one bad apple ruins it for all
Cases like this make me wish there was some form of penalty for taking a vexatious litigation, in cases where (if it were won) it would demonstrably damage the fabric of civil society.
This determination could perhaps be made in a higher court, and to different standards of proof, and could proceed whether the litigation succeeded or failed.
Probably (I haven't enough legal smarts) it should not overturn a successful vexatious suit ... because the focus of the latter is the individual ... but act as an overarching disincentive.
And the penalty exacted could be set against any damages asked or won in the suit, perhaps outweighing them in some cases.
It's not tenable for isolated dickheads to shape society in their twisted image.
Hell's teeth, I'm momentarily ashamed to be a kiwi.
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11-02-2013, 23:26
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#12
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Registered User
Join Date: Jan 2013
Location: Melbourne, australia
Boat: Joubert Koala 24
Posts: 114
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Re: Perfect example how one bad apple ruins it for all
He hasn't won the case yet...
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11-02-2013, 23:43
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#13
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Registered User
Join Date: Sep 2009
Location: on board, Australia
Boat: 11meter Power catamaran
Posts: 3,648
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Re: Perfect example how one bad apple ruins it for all
Quote:
Originally Posted by Andrew Troup
Cases like this make me wish there was some form of penalty for taking a vexatious litigation, in cases where (if it were won) it would demonstrably damage the fabric of civil society.
This determination could perhaps be made in a higher court, and to different standards of proof, and could proceed whether the litigation succeeded or failed.
Probably (I haven't enough legal smarts) it should not overturn a successful vexatious suit ... because the focus of the latter is the individual ... but act as an overarching disincentive.
And the penalty exacted could be set against any damages asked or won in the suit, perhaps outweighing them in some cases.
It's not tenable for isolated dickheads to shape society in their twisted image.
Hell's teeth, I'm momentarily ashamed to be a kiwi.
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He is probably also using our free legal assistance as any private soliciters/barristers here would require money up front before they do anything other than an inital briefing. When the money runs out, more up front to continue.
Nice bloke.
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11-02-2013, 23:50
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#14
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Registered User
Join Date: Dec 2006
Location: Seattle
Boat: Cal 40 (sold). Still have a Hobie 20
Posts: 2,944
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Re: Perfect example how one bad apple ruins it for all
Quote:
Originally Posted by Tomm0
He hasn't won the case yet...
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He doesn't have to win. He's already wrecked the system IMO. Once you're exposed to liability, you don't even have to lose, you can't afford to go to court in the first place so you stop doing the good deed at all.
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11-02-2013, 23:54
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#15
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Registered User
Join Date: Jan 2013
Location: Melbourne, australia
Boat: Joubert Koala 24
Posts: 114
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Re: Perfect example how one bad apple ruins it for all
Quote:
Originally Posted by cal40john
He doesn't have to win. He's already wrecked the system IMO. Once you're exposed to liability, you don't even have to lose, you can't afford to go to court in the first place so you stop doing the good deed at all.
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My insurer would go to court, rather than me. I can afford for my insurer to go to court - because it doesn't cost me anything. Same with the VCG.
One danger is that the insurer settles, then sets this as a pseudo-precedent, in that they then settle all similar instances as well. The insurer then builds this cost, with its associated risk, into the premiums in future - OR - puts in an exclusion for it, basically making the VCG stop doing it because they wouldn't be insured.
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