Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 18-12-2019, 12:07   #1
Registered User

Join Date: Sep 2019
Posts: 141
Opinion Statute of Limitations for potentially fatal Collisions?l

It is hard to be totally dispassionate when you have been abandoned at sea!

Most States and Countries discourage walking away from a murder or accidental death. Perhaps a test of Civilisation's Maturity.?
Yet at the moment in North America and Pacifica . When you are run down by a ship you are sinking and they leave without offering assistance You have little practical recourse. You have to prove to a court .That (1) The Collision occurred. (2)That they knew you were there . (3)That they left without offering assistance. Yes,and you have to produce evidence within 3 years. Because there is a Statute of Limitations on this type of Murder or Manslaughter.
Is this satisfactory to you the Cruisers who are reading this. That's question (1) What should be done about it ? Question (2)
In the cases where I have been an observer The crew of the offending or victorious vessel have had immense pressure to swear that here was no collision or accident. Apparently that works! Proving there was a collision can be very tough if there is a large size difference. If the offending Vessel is owned by a large Transportation Company who is the sole supplier of essentials like Food and Beer You suddenly loose a lot of friends! Michael Pope
__________________

Michael Pope is offline   Reply With Quote
Old 18-12-2019, 12:46   #2
Senior Cruiser
 
tkeithlu's Avatar

Cruisers Forum Supporter

Join Date: Feb 2012
Location: Carrabelle, Florida
Boat: Fiberglas shattering 44' steel trawler
Posts: 1,961
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Michael, it's frustrating. But, you are talking about international maritime law. Not just one country's law, but a law multiple nations agree to, and then an international court? Or you sue them in their country of registry, which turns out to be.....let's not go there.

Ships, squeezed by money, do everything possible to minimize their watch. Last I heard, they were trying to get the standard, should they choose to conform to it, to a single person, not one officer/one seaman.

On our side, bunches of cruisers single hand across bunches of ocean. They have to sleep. That's not keeping an adequate watch.

In "Godforsaken Sea," about the single-handed race around Antartica, there is note of a freighter docking in Yokohama with a boat's standing rigging wrapped up in its anchor.

I don't think we are going to get much help from the shippers. I think we have to accept that unfair as it is, we just have to stay away from them. Don't leave home without radar, AIS, and several MK I eyeballs.
__________________

__________________
Never let anything mechanical know that you are in a hurry.
tkeithlu is offline   Reply With Quote
Old 18-12-2019, 12:58   #3
Senior Cruiser
 
tkeithlu's Avatar

Cruisers Forum Supporter

Join Date: Feb 2012
Location: Carrabelle, Florida
Boat: Fiberglas shattering 44' steel trawler
Posts: 1,961
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Let's see. The EXXON Valdez hit a reef while still inshore because the skipper was allegedly drunk and asleep. The Norwegian Navy hit the side of a..... wait for it....tanker, and two US Navy skippers ended their careers on the blunt end of other ships in Tokyo Bay. The creativity award goes to, while I'm impressed by the hit a tanker with a frigate nomination, to the US Navy Commander who didn't even look up before showing off with how fast he could surface a nuclear submarine. Be careful out there.
__________________
Never let anything mechanical know that you are in a hurry.
tkeithlu is offline   Reply With Quote
Old 18-12-2019, 13:47   #4
Registered User

Join Date: Aug 2015
Location: Southern MD, Chesapeake Bay
Boat: Catalina & Maycraft
Posts: 955
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

I haven't read it yet - but I just bought a book called "The Shipkiller," by Justin Scott. It's about a ship-sailboat collision, a fatality, and just this sort of scenario. Revenge also plays in there somewhere, from what I've heard. It's supposed to be pretty good-
Hardhead is offline   Reply With Quote
Old 18-12-2019, 14:05   #5
Moderator
 
JPA Cate's Avatar

Join Date: Nov 2011
Location: aboard, cruising in Australia
Boat: Sayer 46' Solent rig sloop
Posts: 18,477
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

We have a friend who was run down by a commercial vessel that left the scene. It was at night, and the other vessel was running dark. Our friend got on the VHF and asked them to stand by while he checked the bilges, and was told no, he wasn't going to accept any responsibility. Our friend's boat is a steelie, and they survived to tell the tale.

A year or two later, our friends gave up cruising, ongoing fear being a PTSD factor. Also, in that time we met a chap who crewed part time on commercial vessels who said that he had sailed with captains who enjoyed chasing unaware yachts. It is scary to contemplate that we are so disliked.

I also had a close pass with a commercial vessel who was running dark. They appeared only as a darker shadow against the darkness of the night. I avoided them without difficulty, but the weird thing was that after they were about 1/2 mi. astern,
suddenly there were klaxons going off. I actually got on the VHF and asked if they required assistance. There was no response, and I sailed on, Jim asleep below.

Ann
__________________
Who scorns the calm has forgotten the storm.
JPA Cate is online now   Reply With Quote
Old 18-12-2019, 14:19   #6
Registered User

Join Date: Oct 2014
Posts: 2,978
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Quote:
Originally Posted by Michael Pope View Post
It is hard to be totally dispassionate when you have been abandoned at sea!

Most States and Countries discourage walking away from a murder or accidental death. Perhaps a test of Civilisation's Maturity.?
Yet at the moment in North America and Pacifica . When you are run down by a ship you are sinking and they leave without offering assistance You have little practical recourse. You have to prove to a court .That (1) The Collision occurred. (2)That they knew you were there . (3)That they left without offering assistance. Yes,and you have to produce evidence within 3 years. Because there is a Statute of Limitations on this type of Murder or Manslaughter.
Is this satisfactory to you the Cruisers who are reading this. That's question (1) What should be done about it ? Question (2)
In the cases where I have been an observer The crew of the offending or victorious vessel have had immense pressure to swear that here was no collision or accident. Apparently that works! Proving there was a collision can be very tough if there is a large size difference. If the offending Vessel is owned by a large Transportation Company who is the sole supplier of essentials like Food and Beer You suddenly loose a lot of friends! Michael Pope
If you have been killed I believe you are no longer interested in pursuing justice beyond the watery grave. You won't be proving anything on your list. Just saying. Now others might pursue civil claims or criminal charges.
Montanan is offline   Reply With Quote
Old 18-12-2019, 14:21   #7
Senior Cruiser
 
tkeithlu's Avatar

Cruisers Forum Supporter

Join Date: Feb 2012
Location: Carrabelle, Florida
Boat: Fiberglas shattering 44' steel trawler
Posts: 1,961
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

You've got good eyes, Ann. I'm sorry that your friends lost a great pleasure in life.
__________________
Never let anything mechanical know that you are in a hurry.
tkeithlu is offline   Reply With Quote
Old 18-12-2019, 14:22   #8
Registered User

Join Date: Sep 2019
Posts: 141
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Re the surfacing submarine , I was in Hawaii at the time and "the friends of the Navy"
( lot of Navy in Hawaii good people) suggested that the Japanese Government ship that was struck was a Spy ship hanging around over a deep Submarine Exercise area and got what it deserved. THE PROBLEM THEY SAID WAS THE CRAFTY GUYS HAD SEVERAL YOUNG AND ATTRACTIVE BIOLOGY STUDENTS (female) WITH THEM AS A COVER STORY.
The press got hold of the story! So Much B.S. Clouds the water.
Sick sense of Humor I used to moor at La Mariana close to the Airport . Aloha Air and Hawaiian Air were competing fiercely Remember when an Aloha 737 blew its cabin roof off and they unfortunately lost one stewardess. The very Next Day The Ground Crew from Hawaiian Air were assuring us at lunch time that is was alright we could fly safely with them as they did not have a Stew. Thin enough to fit through the hole!!! SICK!!!
Michael Pope is offline   Reply With Quote
Old 18-12-2019, 15:29   #9
Registered User

Join Date: Aug 2015
Location: Southern MD, Chesapeake Bay
Boat: Catalina & Maycraft
Posts: 955
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Quote:
Originally Posted by Montanan View Post
If you have been killed I believe you are no longer interested in pursuing justice beyond the watery grave. You won't be proving anything on your list. Just saying. Now others might pursue civil claims or criminal charges.
I think that fact might influence the behavior of offending captains.

I'd certainly want justice pursued if I was run down by negligence - if not for my family who depends on me - then just to add a deterrent economic cost to the careless behavior and/or watchkeeping. That's the way the business world works.
Hardhead is offline   Reply With Quote
Old 18-12-2019, 15:38   #10
Registered User

Join Date: Sep 2019
Posts: 141
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

To Montanan : I disagree with you on your perception that speaking out about a difference between action between people on shore or at sea should be assumed to be different and covered by separate laws. I believe the only way you improve the law is to guard it and question it. If you or your child or wife was run down by a Buss or truck and nobody saw it , "they say". You are saying, you would do nothing about it if ten years later you became aware that it was possibly a deliberate act and there were a number of witnesses.
Would you want there to be a Statute of Limitations in that case? I think this is a good question?
I thank you for your answer , Everyone is entitled to an opinion and I respect yours.
Projecting your opinion farther though I think a good business might be to sell training courses and Hellfire missiles to Ocean going Yachtsmen. Gotta be some money there? Michael Pope
Michael Pope is offline   Reply With Quote
Old 18-12-2019, 16:41   #11
Registered User

Join Date: Mar 2011
Location: Southport CT
Boat: J/36
Posts: 1,207
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Should we all sail in South America and the China Sea if North America and Pacifica are the problem areas?
psk125 is offline   Reply With Quote
Old 18-12-2019, 17:35   #12
Registered User

Join Date: Oct 2014
Posts: 2,978
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

FYI: The statutes of limitations for injuries and wrongful death are rather similar for terrestrial incidents and maritime incidents.

All states have specific deadlines for filing lawsuits. This deadline for bringing a lawsuit is called the statute of limitations. The statute of limitations is a very strict deadline. If, for whatever reason, you don’t file a lawsuit for a personal injury claim until after the statute of limitation expires, your lawsuit will almost certainly be dismissed. There are a couple of ways that a statute of limitations can be extended, but they are very limited exceptions, and you shouldn’t count on them applying in your case.

In a personal injury case, the statute of limitations usually begins running on the day that the you were injured.

The Standard Statute of Limitations in Personal Injury Cases
The statute of limitations in personal injury cases ranges from as short as one year to as long as six years, depending on the state. For example, if you live in a state with a three year statute of limitations for personal injury cases, you would have three years from the day of the accident within which to file a lawsuit against that person for personal injury damages.

The "Discovery Rule" Exception to the Statute of Limitations
Most states have some form of a "discovery rule" exception to the standard statute of limitations in an injury case. In general, the discovery rule extends the filing deadline in situations where the injured person did not even know about either:

the injury, or
the fact that the potential defendant’s actions may have caused the injury
... until after the original statute of limitations had expired. This situation is not as uncommon as you might think.

Example Of The Discovery Rule: Let’s say that your state has a two year statute of limitations for personal injury cases, but that your state has a discovery rule that says that the statute of limitations does not begin running in a personal injury until the date that the plaintiff: 1) knew or had sufficient notice that he/she was injured; and 2) knew or had sufficient notice of the cause of the harm.

Let’s say that you were exposed to asbestos in the insulation in the pipes in your basement, and, as a result, 20 years later, you developed a certain type of lung cancer that only comes from asbestos exposure.

Obviously, the regular statute of limitations has long since expired, so the only way that you could file a personal injury claim against whomever was responsible for your asbestos exposure would be through reliance on the discovery rule.

Let’s say that, after doing your x-rays and a biopsy, your surgeon tells you that you have a specific type of lung cancer that only develops from asbestos exposure, and the doctor asks you if you have any asbestos in the house. You realize that all of the pipes in your basement have asbestos insulation and that the insulation has been flaking off the entire time that you lived in the house.

In this situation, the statute of limitations would begin running on the day that your doctor told you that your lung cancer was due to asbestos exposure because you now 1) know that you have been injured, and 2) know what the cause of the harm is.

Other Ways to Extend the Standard Deadline
In most states, there are several other methods by which the statute of limitations can be extended.

One way is if the defendant left the state after committing the injury. In most states, the statute of limitations stops running during any time that the potential defendant is outside the state. So, if the statute of limitations in your state is three years, and the defendant was outside the state for two years after the accident, the statute of limitations in your case would be extended by another two years. However, this can be very difficult to prove, and you should not count on this or any extension of the statute of limitations applying in your case until you have spoken with a lawyer in your state about your particular situation.

Another way that statutes of limitation are often extended is if the plaintiff is a minor (i.e., under age 18), disabled, or mentally ill or insane. Most, but not all, states allow extensions of the statute of limitations in these types of situations.

Wrongful death occurs when someone dies due to the preventable actions of another. These actions may be reckless, such as speeding; negligent, such as a company's inadequate warning of potential dangers of a product; or deliberate, such as murder. Family members may file a civil lawsuit to collect damages to compensate them for the emotional and financial impacts of the death.

If you believe someone wrongfully caused your loved one's death, it is important to get help right away—you have a limited time within which to file a wrongful death suit.

Wrongful Death Statutes of Limitations
Each state has its own statutes of limitations for bringing various types of lawsuits. The time limit in which to file a wrongful death suit is generally between one and three years; in many states, it is two years after death occurs.

If you do not file suit within the allowed time, you will not be able to recover damages. But the clock does not always start ticking at death. Sometimes the clock can be reset by the discovery of new information, such as:

Death is ruled from natural causes, but evidence of medical malpractice comes to light years later.
Someone deliberately concealed important information about the cause of death.
Use of products that were later found to be defective.
In these cases, the clock may start at the time of the new discovery, although not all states agree. Some states specifically exclude dangerous or defective products from resetting the clock.

The statute of limitations may also depend on whom you are naming as a defendant. For example, in Illinois, naming a municipality as a defendant cuts the statute of limitations—normally two years—to just one year.

When Death Occurs Long After Injury
When a person survives an injury, only to die of complications related to that injury years later, you may be out of luck on filing a wrongful death claim. Because the person initially survived, the incident falls under personal injury statutes of limitation. If that time—usually one to six years depending on the state—has passed, the right to damages is forfeited. The later occurrence of death does not reset the clock or turn the case into a wrongful death claim, and surviving family members have no rights to wrongful death damages.

Maritime Injury Statute of Limitations
One of the most important aspects of filing a maritime injury and/or death claim is understanding the statute of limitations. Statute of limitations are mandated deadlines and all maritime personal injury cases must be filed within the allotted time period. In other words, once a certain amount of time has past after your accident and injury, you are usually unable to file for damages.

Jones Act Statute of Limitations
Under the Uniform Statute of Limitations for Maritime Torts, claims filed for maritime personal and actions covered under the Jones Act must be done within three years from the time of the accident and/or three from the time the accident occurred, giving rise to injuries.

Keep in mind, however, that in certain instances, the statute of limitations may be reduced, depending upon the case. For instance, claims against a ship owned or operated by the United States government may need to be filed sooner as the statute of limitations is typically reduced to around two years.

There are several intricate laws surrounding the Jones Act statute of limitations and therefore it’s crucial to seek legal representation beforehand so that you can ensure you legal rights are being met.

Death on High Seas Act Statute of Limitations
Under 763a of the Death on High Seas Act (DOHSA), the family of victims who died while at sea have three years from the date of the death to file a claim. Family is defined as the spouse, parent, child, or dependant relative of the seaman who died.

Longshore Harbor and Workers’ Compensation Act Statute of Limitations
The Longshore Harbor and Workers’ Compensation Act (LHWCA) typically allows maritime workers one year from the time of the accident to file a claim. However, if an employer is paying compensation and medical benefits after the injury, that one-year statute begins when the benefits and compensation stop. In other words, you don’t need to file a claim for benefits while your employer is voluntarily compensating you, but should your employer stop the compensation and benefits, you’ll have one year from the last date of compensation and benefits to file your claim.

In addition, it’s important to mention that before you can file a claim under LHWCA, your employer must complete an official “Employer’s First Report of Injury” form and send it to the U.S. Department of Labor (DOL). If your employer doesn’t send this crucial form in, the one-year statute of limitations is void, and will start only when the form is received. If the form has been received by the DOL, you’ll typically receive a letter stating as such.

Maintenance and Cure Statute of Limitations
Maintenance and cure benefits fall under general maritime law, yet the three-year statute of limitations doesn’t always apply. Maintenance and cure benefits are still governed by latches, meaning that maritime workers may still have time to file a claim even if the statute of limitations has run out. However, if you’re filing for maintenance and cure after the standard three-year statute of limitations, the burden of proof will lie with you, and you must prove what circumstances prevented you from filing your claim in time.

The Death on the High Seas Act, DOHSA, applies “when the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from shore of the United States”. 46 U.S.C. 30302. Courts have interpreted this provision to refer to the site of an accident on the high seas, not to where death actually occurs or where the wrongful act causing the accident may have originated. Bergen v. F/V St. Patrick, 816 F.2d 1345 (9th Cir. 1987).

Deaths within three miles of shore are covered by state law, the Jones Act, or general maritime law wrongful death and survival provisions, which typically provide claimants substantially broader recovery than DOHSA.

DOHSA Allows Pecuniary Damages Only
DOHSA allows the decedent’s spouse, parent, child, or dependent relative to recover for “pecuniary loss” sustained by those individuals. Pecuniary losses are damages that can be calculated with some degree of precision, such as loss of financial support from the decedent.

In contrast to the vast majority of wrongful death and survival statutes, DOHSA does not allow for recovery of any damages suffered by the decedent. This means that pre-death medical expenses and funeral expenses are generally not recoverable since these are damages incurred by the decedent or the decedent’s estate, and not his or her family members. In some cases it may be possible to get around this if items like funeral expenses are paid by family members rather than the estate.

Damages under the Act are extremely limited, and unlike most other wrongful death and survival provisions, DOHSA prohibits recovery of non-pecuniary damages. Non-pecuniary damages are damages such as the decedent’s pre-death pain and suffering, and loss of consortium suffered by the decedent’s spouse. In non-DOHSA death cases, non-pecuniary damages often comprise the lion’s share of the case value. The unavailability of such damages under DOHSA can result in what many would consider unfairly low compensation for the families of those killed at sea. It is important to carefully evaluate every potential DOHSA case to see if an exception applies which would allow broader recovery under another type of wrongful death or survival claim.

Preemption
If DOHSA applies, the Act is generally the exclusive remedy available. Claims cannot be brought under state law or general maritime law in conjunction with DOHSA. This concept is known as “preemption” because DOHSA “preempts” the laws of the states and maritime common law.


However, DOHSA does not preempt Jones Act death claims against a deceased seaman’s employer, which afford much broader remedies. However, claims against third parties arising from the seaman’s death may fall under DOHSA. Some courts have held that seaman may bring general maritime law death claims for injuries on the high seas, where claims are also brought under the Jones Act. For example, if two vessels collide at sea due to the negligence/unseaworthiness of both vessels, a deceased seaman’s surviving family may assert claims against the seaman’s employer under the Jones Act and doctrine of unseaworthiness, and claims against the other shipowner under DOHSA.

The Act also includes a provision expressly permitting claims under the laws of a foreign country along with or instead of DOHSA claims. The Act states:

When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the amount for which recovery is authorized.

46 U.S.C. 30306. Through this provision, Congress preserved the right to recover under the law of another sovereign nation for whatever measure of damages such law might provide, regardless of any inconsistency with the measure of damages under DOHSA. Courts have held that plaintiffs cannot bring DOHSA claims and foreign claims concurrently against the same defendant—plaintiffs must choose which scheme to proceed under. See Bergeron v. Koninklijke Luchtvaart Maatschappij, N. V., 188 F. Supp. 594 (S.D.N.Y. 1960). However, in a death case involving multiple defendants, the plaintiff may assert claims under DOHSA against certain defendants, and claims under foreign law against other defendants. See Noel v. Linea Aeropostal Venezolana, 260 F. Supp. 1002 (S.D.N.Y. 1966) (claimants recovered pain and suffering damages under Venezuelan law against Venezuelan airline, and DOHSA pecuniary damages against American corporation which serviced plane).

Limited Survival Actions Under DOHSA
DOHSA provides for extremely limited survival actions (i.e. claims by the decedent’s estate for damages suffered by the decedent). The estate is only allowed to assert claims for damages suffered by the decedent if the decedent files a lawsuit for personal injuries occurring on the high seas, and dies from those injuries during the pendency of that lawsuit. In this limited situation, the decedent’s estate is permitted to assert claims for the decedent’s pecuniary losses, such as medical expenses.

If someone is gravely hurt and may die due to high seas injuries, it is important to file a lawsuit as soon as possible to preserve claims for damages suffered by that person. Fatal injuries can result in complex and prolonged medical care, leading to astronomical medical expenses. The estate will lose the right to recover for these expenses unless the claim is filed prior to the decedent’s death. In cases involving potentially fatal injuries, it is important to consult with a knowledgeable maritime attorney as soon as possible. Ordinarily, you have three years from the date of the accident to file a death claim under DOHSA, but it may be a good idea to file much earlier in certain cases.
Montanan is offline   Reply With Quote
Old 19-12-2019, 09:23   #13
Registered User

Join Date: Nov 2017
Posts: 215
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Lots of armchair opinions out there.
From a ships' perspective it might be exactly opposite- idiot intentionally sails on the open ocean without radar reflector, AIS,communication, masthead running lights, or A PROPER LOOKOUT.
Besides the limited factual information in this chain the facts of law do address all above- 1) seamanship requires the vessel offended to stand by to assist in emergency (aka AMVER voluntary program is also in interest to all mariners)

2) the law requires running lights (excepting Russian spy ships) - but sometimes they blend into the sky if that close so look for the dark spot in the stars.
3) If in this day one runs without a transmitting AIS or good radar reflectors when solo etc. why expect a ship to be staring into the dark sea 24/7 when offshore?
4) consider in most commercial large vessel confrontations the small recreational vessel has a higher percentage of fault.
5) for simplicity Admiralty Law shares responsibility for the incident. So aside as target as deep pockets that ships are often considered, if a sailing yacht on the high seas has an incident, the yacht will be held accountable for a %% of the damages.

It is disappointing to see the number of seriously incorrect assumptions that blogs put out about ships and "killer" ships. Not excusing the small number of violators, the rules are fairly well founded from 300 years plus of tradition and international agreement.
boat driver is offline   Reply With Quote
Old 19-12-2019, 09:32   #14
Registered User

Join Date: Apr 2018
Location: Scotland
Boat: 42ft Moody Ketch
Posts: 530
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Quote:
Originally Posted by boat driver View Post
Lots of armchair opinions out there.
From a ships' perspective it might be exactly opposite- idiot intentionally sails on the open ocean without radar reflector, AIS,communication, masthead running lights, or A PROPER LOOKOUT.
Besides the limited factual information in this chain the facts of law do address all above- 1) seamanship requires the vessel offended to stand by to assist in emergency (aka AMVER voluntary program is also in interest to all mariners)

2) the law requires running lights (excepting Russian spy ships) - but sometimes they blend into the sky if that close so look for the dark spot in the stars.
3) If in this day one runs without a transmitting AIS or good radar reflectors when solo etc. why expect a ship to be staring into the dark sea 24/7 when offshore?
4) consider in most commercial large vessel confrontations the small recreational vessel has a higher percentage of fault.
5) for simplicity Admiralty Law shares responsibility for the incident. So aside as target as deep pockets that ships are often considered, if a sailing yacht on the high seas has an incident, the yacht will be held accountable for a %% of the damages.

It is disappointing to see the number of seriously incorrect assumptions that blogs put out about ships and "killer" ships. Not excusing the small number of violators, the rules are fairly well founded from 300 years plus of tradition and international agreement.
Agree so much third hand knowledge floating about and poor speculation , also to much about American law , especially in international waters , also most ships are tracked via AIS satellite and can be places at certain coordinates , aslo witnesses are good , but if sailing alone then you cannot follow the proper Colregs
One would suggest you look at marine traffic or other AIS tracking and see the amount of commercial traffic on the seas not including all the warships out there running dark , and I have never heard of a collision although they happen but as rare as Dodos.
tarian is offline   Reply With Quote
Old 19-12-2019, 09:40   #15
Registered User

Join Date: Sep 2019
Posts: 141
Re: Opinion Statute of Limitations for potentially fatal Collisions?l

Dear Montanan You have exceeded the limits of generosity! I thank you sincerely for the effort I wish I was able to reward you in some way .

Could you please gift me with a direct E mail access to you so I can forward the events as they happen .You I assume Practice Law I Practice Boat Building
( I like that job description) I approached the offending Company stating I was aware that there was no existing way to obtain help as there was clearly established Statutes of Limitation . That I never the less felt I should register a TORT on purely Moral grounds as his company was proud of its interaction with the Public who were its customers.
They responded with a loose flexible approach that they gave away a lot of money every year and I might want to apply for a grant. I applied and was rejected as I applied as an individual and they never paid individuals they offered perhaps I should align myself with an organisation. !!!
I am about to start building an organisation external to any Law Court as a Gentleman's way to extract some compensation that was sufficiently large to cause them to take steps to assure non of their crews ever left a man at sea to drown ----- again!!
I am not into blackmail as such , but I think it is wise to show you are armed in these circumstances to avoid violent conflict.
I think the action I am taking on a friendly basis is for the Common Good , and need a sounding board. As a Canadian Seaman since youth I would dearly like to see the Repeal of the Jones Act but this would possibly be a death threat to the subject Corporation so I would not consider that ! I am not a Killer! I do think a little Hedge trimming on the Act might benefit all!
I aim high! it saves the Ground Squirrels. < popemichael 938@gmail.com. Thank you, hope to hear from you
__________________

Michael Pope is offline   Reply With Quote
Reply

Tags
collision

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Sailboat collisions - Can responsibility be shared? BluJu Rules of the Road, Regulations & Red Tape 49 08-09-2017 18:02
Collisions and bumps... how are the settled? Wannabe-007 The Sailor's Confessional 20 08-05-2014 09:21
Help Finding Maine Statute that provides for an Affidavit of Heirship jasn Dollars & Cents 4 04-03-2014 18:17
Autopilots and collisions Brent Swain Health, Safety & Related Gear 4 02-11-2006 07:09

Advertise Here


All times are GMT -7. The time now is 14:55.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2020, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.