Captain's Log, April 30, 2014 from the Rebel Heart Blog

[anotherT34C]

Considering my past interactions with phone companies, I wouldn't put it past them.

If the company did turn off RH's phone mid-voyage due to some beaurocratic mis-management, I think they'll be paying for Eric's next boat. If nothing else, they'll want to settle fast and discreetly. Eric should publicly say NOTHING more about it, and get an attourney yesterday.

[boatman61]

Originally Posted by anotherT34C

Considering my past interactions with phone companies, I wouldn't put it past them.

If the company did turn off RH's phone mid-voyage due to some beaurocratic mis-management, I think they'll be paying for Eric's next boat. If nothing else, they'll want to settle fast and discreetly. Eric should publicly say NOTHING more about it, and get an attourney yesterday.

Easier to accuse than to prove methinks...
But.. I'm often wrong..

[anotherT34C]

If they shut off his phone mid-voyage, it would be a proveable fact.

The company might want to try and argue that the loss of service had no impact on whether Eric activated the EPIRB. If they did deactivate, I'd advise the company to settle fast and discretly.

[Blue Crab]

Originally Posted by anotherT34C

If they shut off his phone mid-voyage, it would be a proveable fact.

The company might want to try and argue that the loss of service had no impact on whether Eric activated the EPIRB. If they did deactivate, I'd advise the company to settle fast and discretly.

I dunno about the jurisdiction issue but shutting phone off, even if found negligent (very doubtful), still has to reach a very long ways to be probable cause of boat loss. I doubt the world's best lawyer, Harvard-trained US Prez Obama, could make that stick. Last I heard, more than one boat made a voyage without instant comms.

[soverel]

Could be argued that loss of phone contact necessitated epirb use and ultimate loss of boat. But hey; in US you can sue over hot coffee also.

Sent from my HUAWEI-M931 using Cruisers Sailing Forum mobile app

[boatman61]

Originally Posted by anotherT34C

If they shut off his phone mid-voyage, it would be a proveable fact.

The company might want to try and argue that the loss of service had no impact on whether Eric activated the EPIRB. If they did deactivate, I'd advise the company to settle fast and discretly.

Did not realise de-activating a phone caused catastrophic damage to a boat resulting in the need to abandon.. or made a baby ill..
Phew.. glad I don't carry one..
However.. from what I read/heard/understand..
sat phone-EPIRB they were getting off the boat regardless

[captain58sailin]

baby or sat phone boaty?

[SaltyMonkey]

Satbaby

[boatman61]

Originally Posted by captain58sailin

baby or sat phone boaty?

Sat Phone.. a No No...
A Babe..? there are exceptions to every rule...

[letsgetsailing3]

It seems her world has been rocked, but maybe it's just the angle.

[anotherT34C]

The phone doesn't need to be the cause of the illness or damage in order to expose the company to liability. It was a piece of safety equipment that didn't work as advertised (allegedly) and as a result, the EPIRB was activated, and the owners home abandoned. If they were in sat contact with a doctor, things may well have turned out differently.

The negative press alone might induce the company to settle. Are their phones reliable? I'm not sure now. By making an accusation on NPR, Eric has exposed himself to damages if the allegation is false. I don't think he's that stupid.

And... to anyone who has actually read the McDonalds coffee burn case, you would have judged similarly.

[S/V Alchemy]

Originally Posted by boatman61

Sat Phone.. a No No...
A Babe..? there are exceptions to every rule...

You either need to reduce sail or your crew is very fit. Or both.

[boatman61]

Originally Posted by S/V Alchemy

You either need to reduce sail or your crew is very fit. Or both.

That was taken just as I did a one hull scoop on a Lagoon 440... its the only way I can get crew..

[Blue Crab]

Yeah, well, my neck may be permanently injured checking her out. My people will be in touch with your people.

[FSMike]

[QUOTE=anotherT34C;1548747
----... to anyone who has actually read the McDonalds coffee burn case, you would have judged similarly.[/QUOTE]

I admit that I have not read the case, but I have serious doubts that I would have judged it the same way.