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Old 24-01-2012, 14:05   #16
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Re: Legal obligations, captain/master private vessel

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Well then, don't take on any passengers.
rarely take passengers in my car but i'll keep that in mind
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Old 24-01-2012, 18:03   #17
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Re: Legal obligations, captain/master private vessel

Just to add............

Quote:
A person acts with a depraved indifference to human life
when, having a conscious objective not to kill but to harm, he or she engages in torture or a brutal, prolonged and potentially fatal........
http://www.nycourts.gov/cji/2-PenalLaw/120/120-25.pdf
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Old 24-01-2012, 18:10   #18
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Re: Legal obligations, captain/master private vessel

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In order for you to be liable for ANYTHING, you have to knowingly do something wrong. Not just dumb, but wrong.
Bearing in mind that ignorance of the law is no defence.

and that you may be in a jurisdiction where the judicial system is only based on the rule of law in theory......and in reality based on money and / or guns (no names ).
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Old 24-01-2012, 18:24   #19
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Re: Legal obligations, captain/master private vessel

There are legal principles based on the concepts of "reasonableness" and "good faith."
These hold that people should act the way any reasonable person would under a given set of circumstances. If someone were swept overboard and died, the investigation would likely try to determine if the skipper had acted in a reasonable manner, and in a manner a comparable skipper might have acted in under similar circumstances. Acting in good faith means that, although the skipper may have committed an error that contributed to the death, if the error was made in good faith, without malice, there may be less liability in the fatality. The culpability may increase proportionately with the qualifications of the skipper, as a ticketed skipper with lots of experience would be held to a higher standard than a lesser qualified one.
These are my opinions only.
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Old 24-01-2012, 22:37   #20
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Re: Legal obligations, captain/master private vessel

To get back into more humdrum normal stuff, you as the skipper are responsible for such things as damage caused by your wake, oil or fuel spilled from your boat (even if it sinks in its dock), for maintaining appropriate speed and a continuous lookout, etc.
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Old 24-01-2012, 22:56   #21
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Re: Legal obligations, captain/master private vessel

I am the captain. I am responsible for what happens on my ship.
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Old 25-01-2012, 06:05   #22
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Originally Posted by s/v 'Faith'
I am the captain. I am responsible for what happens on my ship.
Morally yes, legally, it all depends.

Dave
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Old 25-01-2012, 06:40   #23
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pirate Re: Legal obligations, captain/master private vessel

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Originally Posted by pete33458 View Post
Before we get too far off track here, I wasn't asking about nav rules (of course if you don't follow them you are at fault). I know that the captain/master is responsible for the safety of the vessel and crew (I said that in my post). I'm asking something beyond this. Another example: if someone get's swept overboard by a giant wave because you knowingly sailed into an area where giant waves might exist, are you liable? I'm pretty sure this isn't covered in the nav rules...
You'd be subject to the same type of enquiry that a ski guide with punters in a avalanche.. safari guides punter eaten by lions etc would get...
Consequences to be decide by the appropriate inquest...
Absolved or convicted your screwed...
Your dangerous to be with...
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Old 25-01-2012, 07:22   #24
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Re: Legal obligations, captain/master private vessel

Ask yourself....what if I give a ride in my car to a concert violinist. And, I have an accident. The concert violinist breaks a finger.

What do you think will happen?

[funny...but this actually happened to someone I know]

OK, what if you gave a ride to someone and had an accident and they were killed? What if before that accident, you had a drink at dinner, but were still below the legal limit? Or, that person refused to put their seat belt on, even though you asked them to?

What do you think will happen to you?
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Old 25-01-2012, 07:32   #25
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Re: Legal obligations, captain/master private vessel

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Morally yes, legally, it all depends.

Dave
In a sense, but If you understand my statement, the rest will take care of it's self.
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Old 25-01-2012, 10:13   #26
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Re: Legal obligations, captain/master private vessel

modus operandi? If you're going around the horn, the bottom line is keep safety gear on board and use it when appropriate. And document, and document. Pictures/video too.
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Old 25-01-2012, 10:22   #27
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Re: Legal obligations, captain/master private vessel

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Originally Posted by boatman61 View Post
You'd be subject to the same type of enquiry that a ski guide with punters in a avalanche.. safari guides punter eaten by lions etc would get...
Consequences to be decide by the appropriate inquest...
Absolved or convicted your screwed...
Your dangerous to be with...

One of the books that I found invaluable is "Legal Liability & Risk Management in Adventure Tourism" by Ross Cloutier.
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