Next message: Bob Clinkenbeard: "lv-ab: Lake Guntersville local information"
What typically happens when you call the coast guard, is that they don't
let you stay with the boat. If he willingly went with the coast guard
seems to me he wouldn't have much of a court case.
So in the case of a crew disobeying a captain (mutiny) where the coast
guard came and didn't let him stay, then i assume yes he's justified in
suing the crew because they directly cost him his boat and there was
nothing he could do to stop it.. But that depends on his level of
insistence that they not call for help. Also it depends on the level
of negligence for disrepair of any equipment on the boat which led to
failure which would have been the captains liability. But I'm not sure
about the legal relationship between captain and crew on pleasure
boats. I'm not sure, either way, how far one can get with such a suit
since its just his word against theirs as to the particular events which
led to calling the coast guard.
Ken James wrote:
> Was reading this months "Soundings" magazine, very interesting article
> about a sailboat that was abandoned near New Zealand. Seems a guy took
> his buddy and a couple with him rounding NZ in a 26 ft Contessa I
> think it was (very good offshore boat, bit cramped for four) and got
> in some dirty weather, not too bad even by our standards in the US,
> max waves 10-12 ft, winds mostly 25 kts and below, but his boat had
> various failures, nothing critical even though he was unable to start
> the engine and had no back up alternative power so his batteries were
> about to run out which meant he would loose comms and other things
> (LED nav lights, anyone? <G>). Also some injures to crew and sea
> sickness, again nothing life treating but surely unpleasant.
>
> In any case his crew popped the EPRIB and they were all taken off by
> helo. Some of the crew seemed to think the boat was in danger of
> 'broaching', something many who are not experienced in big offshore
> conditions might think when a bit of a blow happens.
>
> I guess he left because he felt he would not be able to safely
> continue by himself, a mistake right off, since he should have been.
> Or maybe he felt he had to obey, if it were me on my boat, I would
> tell the rescuers to go away and leave me to my own risks, but I have
> confidence in my boat and single-handing her.
>
> Now he is suing the crew for a new boat.
>
> I think his biggest mistake was taking on such a crew, but he left his
> vessel, so tough luck...comments anyone? -Ken
>
>
>
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