Captain's Liability For Guests Aboard

[avb3]

Originally Posted by xymotic

I would be less worried about "liability" and more worried about simple Landlord-tenant law.

If she claims to live there, then without a written agreement you will have a hard time getting her to leave. The law will require due process, properly serving her a 30 day eviction notice, etc. If she chooses to fight you on it you will have very little say in the matter.

Tenant on a boat?

Simple solution; GTF of my boat .... NOW.

End of story.

Sorry to be so blunt, but people are making twists and turns when the road should be relatively straight. Good luck transposing any knowledge you have of landlord-tenant law in your jurisdiction to a boat in Mexico. That's being extremely myopic.

Dockhead outlines his solution.... great insurance and following the requirements of that to a tee. YMMV in some jurisdictions.

[atoll]

Originally Posted by xymotic

I would be less worried about "liability" and more worried about simple Landlord-tenant law.

If she claims to live there, then without a written agreement you will have a hard time getting her to leave. The law will require due process, properly serving her a 30 day eviction notice, etc. If she chooses to fight you on it you will have very little say in the matter.

packing their bags and leaving them on the dock works ,then relocating to another...gated marina,whilst the crew member is off on an errand......

[SS Little-Devil]

Well I'd prefer that people just called me Jon instead of Captain. If there's too people on boat we can figure something else out.

[atoll]

Originally Posted by Dockhead

You're not liable for that as long as you have non-paying guests on board, as opposed to hired crew. covered

as a lawyer i would love to see you argue that one with the immigration in trinidad!!

[VirtualVagabond]

Different parts of the world have different customs.
In Aussieland if anyone calls themself Captain, it's assumed they are qualified, registered captains. Anyone else using the title is being an arrogant twit.
Skipper is for anyone in charge of a vessel.

A bit of background on 'skipper'.
The term is an anglosized version from the dutch. 'Schip' referred to a smaller trading vessels, and the men in command were referred to as 'schippers'. They usually had no formal qualifications but were experienced and extremely capable seamen.

I blame Captain Ron for the confusion. Near the end when the coastguard is calling he says... "That's you. You're the captain now..." everyone's been a 'captain' ever since

[VirtualVagabond]

Originally Posted by SS Little-Devil

Well I'd prefer that people just called me Jon instead of Captain. If there's too people on boat we can figure something else out.

I'd feel really strange if people started calling me Jon...

Vic

[David_Old_Jersey]

Originally Posted by xymotic

I would be less worried about "liability" and more worried about simple Landlord-tenant law.

If she claims to live there, then without a written agreement you will have a hard time getting her to leave. The law will require due process, properly serving her a 30 day eviction notice, etc. If she chooses to fight you on it you will have very little say in the matter.

I would see that situation as a bit of a challenge .

Given that no legal requirement to also feed her (unless you guys have some very old ball landlord laws!), at least none that could be enforced before she got hungry .........then as soon as she goes ashore the boat moves . For legal purposes might rent the dock berth for another week, and be willing to let her still use it . If it ever got to court I would claim she had still been welcome onboard - and that she not being aware of where the boat had gone was a he said - she said situation.

Of course I am not a lawyer - I just like to get out of bed earlier than the other fella .

[Dockhead]

Originally Posted by atoll

as a lawyer i would love to see you argue that one with the immigration in trinidad!!

Immigration has nothing to do with it. It's a civil matter. A paid, professional crew member might claim that plane tickets are part of an oral agreement. A wacko guest wanting to squeeze a plane ticket out of you would have to sue and prove that such an agreement existed; also that she was a paid crew member. This falls under the heading of "anyone can, theoretically, sue you, anytime, for anything" - technically true, but generally doesn't happen. You guys worry too much.

In the OP's case, she might just as well sue for palimony - claiming he promised to love her forever and share all his property. Could it happen? Sure, but she would have to prove it in court, just like with plane tickets.

[atoll]

Originally Posted by Dockhead

Immigration has nothing to do with it. It's a civil matter. A paid, professional crew member might claim that plane tickets are part of an oral agreement. A wacko guest wanting to squeeze a plane ticket out of you would have to sue and prove that such an agreement existed; also that she was a paid crew member. This falls under the heading of "anyone can, theoretically, sue you, anytime, for anything" - technically true, but generally doesn't happen. You guys worry too much.

In the OP's case, she might just as well sue for palimony - claiming he promised to love her forever and share all his property. Could it happen? Sure, but she would have to prove it in court, just like with plane tickets.

so why is it that airlines don't let non nationals board without a return ticket?

as far as i know ANY person on a vessels crew list (arriving in many foreign ports that demand onward ticket),are the captains responsability,till the immigration sign them off the crew list.

if they can't or won't buy a ticket,they will remain on your crew list,untill you sign them off to another yacht in the country,or leave with them.or buy them a ticket.

[Dockhead]

Originally Posted by atoll

so why is it that airlines don't let non nationals board without a return ticket?

as far as i know ANY person on a vessels crew list (arriving in many foreign ports that demand onward ticket),are the captains responsability,till the immigration sign them off the crew list.

if they can't or won't buy a ticket,they will remain on your crew list,untill you sign them off to another yacht in the country,or leave with them.or buy them a ticket.

She flew in. If you'll read the original post.

[captainKJ]

Originally Posted by Dockhead

She flew in. If you'll read the original post.

BUT does she have a return ticket. It is VERY easy to fly into a foreign country without a return ticket. Take a piece of paper, make a header on it with the boat name and numbers. Say you are joining the yacht as crew, then it becomes the boats responsibility to fly her home. Has the owner seen the return ticket?

this thread goes on and on

[atoll]

Originally Posted by Dockhead

She flew in. If you'll read the original post.

i wasn't reffering to the case of "ss little devil" per say as i don't belive he has placed her on the crew list.

how ever if she was say from south africa,and had been allowed to join the vessel as a crew member,(paid or un paid),and added to the vessels crewlist to satisfy immigration that she would be leaving by that yacht.

,then changed her mind ,i would argue that if she approached immigration and pleaded an inability to pay an air ticket,the captain would be held responsable to repatriate her at his expense.

[Tony B]

Regardless of dictionary definitions, it is relatively common to refer to a boat owner or to get their attention on the 3rd coast by saying "hey Captain" when you didn't know their name. When I ran crew boats and supply boats in the Gulf of Mex as a commercial capt. 100 Ton Master, they referred to me as Tony. The only time anyone asked to speak to the captain was for loading and unloading instructions. Once they knew out names, they referred to us as Tony or Mark or whoever.
It is very informal in the Gulf. A person is only "Captain" until you know their name.

[Cheechako]

Originally Posted by captainKJ

BUT does she have a return ticket. It is VERY easy to fly into a foreign country without a return ticket. Take a piece of paper, make a header on it with the boat name and numbers. Say you are joining the yacht as crew, then it becomes the boats responsibility to fly her home. Has the owner seen the return ticket?

this thread goes on and on

It sure does! Captain vs Skipper.. who cares!

Unless he flew her in, if she didnt arrive on his boat I dont believe he has any responsibility does he? anyway.... send her packing!

[captainKJ]

Originally Posted by Cheechako

It sure does! Captain vs Skipper.. who cares!

Unless he flew her in, if she didnt arrive on his boat I dont believe he has any responsibility does he? anyway.... send her packing!

Why dont we do this to settle the argument. SOMEONE tell me there boat name in the bahamas and tell me where you are, let me fly in and see what immigration does when I say I need a flight home and have been staying on this boat and here is a piece of paper saying that along with email correspondence and such, and telling them I have no money.