^^^Cherrypicking to make a point is poor form: Again, context is key.
The next paragraph:
"It is understood that rescues do not always succeed, despite the efforts of those who give assistance. Courts will rarely second guess one who voluntarily gives aid under the dangerous conditions of the sea “under the bright light cast by . . . hindsight.” Fondow v. Unites States, 112 F. Supp.2d 119; Korpi v. Unites States, 961 F. Supp. 1335 (holding that a “rescue attempt must be considered in the light of the
circumstances that faced the rescuers when they acted and not with the wisdom of an ‘armchair admiral’ after the fact.”"
Case law. It all boils down to case law that supports the application of the law. The article is supposition on a case and what MAY have happened. The 2 above examples are case law of what DID happen. Big difference.
Look we can agree, or agree to disagree- I'm good either way. But I've not been able to find a single instance where the party providing assistance has been found negligent or successfully litigated against for rendering said assistance- civil or criminal. I've discussed with with underwriters and claims personnel of the various companies we represent, so I have a better understanding of the material. Do you know of any case law pertaining to this?
Not 1 instance of the maritime Good Sam being successfully sued.
I can't see the entire article, can you? If you can, where can I find it?
If you can't, then everybody discussing it is cherry picking. Without reading the entire article, it's difficult to understand what really happened and therefore difficult to understand any points that anybody is trying to make. In other words, you're wasting everybody's time.
Thanks Peter, the page now posted is a continuation of p21, can you post it too?
That's where I'm clicking, but only part of the article shows up. It says continued from page 21, but I can't seem to access page 21 to read the entire thing. Am I missing something?
That's because you don't live in a country where the lawyers outnumber the ants. In the US, greed is king and any way to make a dollar is a Good Way. Don't forget, this is the country where a lady can spill-- herself-- a hot cup of coffee she just bought from McDonalds (I think it was) in her lap, sue for damages, and win.
If you knew that every time you rendered assistance to another boater (or driver or anyone) there was a better than fair chance that you would be sued for anything ranging from physical injury to "mental hardship" by the person you helped (more often than not encouraged by a lawyer who found out about the incident), would you still be inclined to give assistance without giving it a second thought?
A lot of these cases don't go anywhere but enough of them do, and enough of the "rescuees" win, that it has soured a large part of the population, including me, on rendering assistance to anyone.
So I simply won't do it anymore outside of calling the emergency services. I'm not going to end up living in a cardboard box under a freeway because some bozo we helped when his boat broke down or he fell in the water sicks a lawyer on us because "we broke his toe" while lifting him aboard our boat or were helping him rig a towline, or that he suffered "mental anguish" as a result of our actions.
I can't believe some of you guys some times. Not willing to believe the practicing litigator when he explains how it works in reality, but instantly believe the rumor mongers who know nothing about the law but "have heard" how it applies.
As both a lawyer and a member of the RCM-SAR (used to be called the Coast Guard Auxiliary) I will continue to offer whatever assistance I am equipped to offer, including a tow, if it is prudent to do so and requested by someone in difficulty. Most recently I towed a 40 ft sailboat 20 miles from one of our YC outstations to my home marina (not his) as every other boat had already headed home and there was no other way for him to get home, in calm conditions. He and his wife and kids would otherwise have had to call a $ tow. With a bridle and keeping my speed down to his hull speed, all went well. I got home maybe an hour late, but he got home the same day.