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24-05-2014, 05:45
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#136
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Registered User
Join Date: Apr 2008
Location: NY
Boat: Panda/Baba 40
Posts: 868
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
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.
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24-05-2014, 05:51
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#137
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Senior Cruiser
Join Date: Jan 2010
Location: PORTUGAL
Posts: 30,660
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Quote:
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.
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Easier to accuse than to prove methinks...
But.. I'm often wrong..
__________________
You can't beat a people up (for 75yrs+) and have them say..
"I Love You.. ". Murray Roman.
Human Rights only matter when it's politically expedient..
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24-05-2014, 06:37
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#138
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Registered User
Join Date: Apr 2008
Location: NY
Boat: Panda/Baba 40
Posts: 868
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
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.
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24-05-2014, 06:47
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#139
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Registered User
Join Date: Sep 2009
Location: Hurricane Highway
Boat: O'Day 28
Posts: 3,922
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Quote:
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.
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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.
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24-05-2014, 06:56
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#140
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Registered User
Join Date: Nov 2013
Location: South Florida
Boat: Soverel 30
Posts: 141
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
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
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24-05-2014, 06:56
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#141
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Senior Cruiser
Join Date: Jan 2010
Location: PORTUGAL
Posts: 30,660
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Quote:
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.
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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
__________________
You can't beat a people up (for 75yrs+) and have them say..
"I Love You.. ". Murray Roman.
Human Rights only matter when it's politically expedient..
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24-05-2014, 07:01
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#142
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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: Captain's Log, April 30, 2014 from the Rebel Heart Blog
baby or sat phone boaty?
__________________
" Wisdom; is your reward for surviving your mistakes"
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24-05-2014, 07:05
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#143
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cruiser
Join Date: May 2010
Location: SF Bay Area; Former Annapolis and MA Liveaboard.
Boat: Looking and saving for my next...mid-atlantic coast
Posts: 6,197
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Satbaby
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24-05-2014, 07:19
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#144
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Senior Cruiser
Join Date: Jan 2010
Location: PORTUGAL
Posts: 30,660
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Quote:
Originally Posted by captain58sailin
baby or sat phone boaty?
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Sat Phone.. a No No...
A Babe..? there are exceptions to every rule...
__________________
You can't beat a people up (for 75yrs+) and have them say..
"I Love You.. ". Murray Roman.
Human Rights only matter when it's politically expedient..
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24-05-2014, 07:30
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#145
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Registered User
Join Date: Mar 2013
Posts: 2,956
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
It seems her world has been rocked, but maybe it's just the angle.
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24-05-2014, 07:59
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#146
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Registered User
Join Date: Apr 2008
Location: NY
Boat: Panda/Baba 40
Posts: 868
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
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.
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24-05-2014, 09:58
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#147
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Registered User
Join Date: May 2008
Location: Nova Scotia until Spring 2021
Boat: Custom 41' Steel Pilothouse Cutter
Posts: 4,976
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Quote:
Originally Posted by boatman61
Sat Phone.. a No No...
A Babe..? there are exceptions to every rule...
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You either need to reduce sail or your crew is very fit. Or both.
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24-05-2014, 19:24
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#149
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Registered User
Join Date: Sep 2009
Location: Hurricane Highway
Boat: O'Day 28
Posts: 3,922
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
Yeah, well, my neck may be permanently injured checking her out. My people will be in touch with your people.
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24-05-2014, 20:06
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#150
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Registered User
Join Date: Aug 2009
Location: Bahamas/Florida
Boat: Solaris Sunstar 36' catamaran
Posts: 2,686
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Re: Captain's Log, April 30, 2014 from the Rebel Heart Blog
[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.
__________________
Sail Fast Live Slow
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