Liability?

Let me take this in a different direction:

Around here, there are several restaurant/bars with docks for boaters. When the docks get full, additional boaters tie up to the already docked boats and walk across them to get to and from the bar (I don't go to these places for that very reason).

So what's the liability if someone you don't know and didn't give permission to be on your boat gets hurt on it?
 
I would imagine it's the same as the uninvited person who slips and falls on your sidewalk. You know where that goes.
 
We have a pool party scheduled for today. After reading this, I think it's best to cancel before someone gets hurt.
 
quote:
Originally posted by PeteMrrs

We have a pool party scheduled for today. After reading this, I think it's best to cancel before someone gets hurt.

Click to expand...


When I purchased a new home the insurance agent asked "is there a swimming pool or trampoline?".
 
This is one of the reasons why I avoid very large gatherings, or raft ups, with a bunch of boaters I don't know.
I find that alcohol and inexperience in these situations never ends well.
We recently had the honor and pleasure of the Blue Angels performing for us on Memorial Day weekend.
Against my better judgement I went by boat to enjoy the show. It was insane. I got there early, and left late to avoid having to move around through the crowd. But some of the stuff I saw was incredible.
We were there on Saturday. Sunday is typically much worse. I kept my boat at the dock on Sunday, but as I was leaving I was asked to accompany two much older men on a small boat to go help the one man's son who had mechanical problems with his boat at the gathering.
I firmly believe in helping a boater with a problem any time I can, because "there but for the grace of God go I".
When we got to where all the boats were anchored to watch the show, I quickly realized that neither of the older men had ever experienced anything like it before. Both are very long time boaters, and avid fishermen. The one man goes out every morning that weather permits.
They were amazed and terrified when we got to where the son was anchored. Saturday was tame compared to Sunday. I saw stuff that even surprised me.
Not many enjoy a nice gin and tonic while sitting in the cockpit at sunset more than I do, but I'm back to my policy of staying at the dock on holiday weekends, and avoiding large raft ups with strangers who carry more alcohol than fuel.
The risk of being sued is a real issue, but the risk of serious injury to someone is of even greater concern to me.
 
I agree insurance is needed but in today's environment criminal blame seems to be the public outcry. Last night my wife and I were returning to the dock around 11PM when 4 guys from another boat (obviously drunk) decided to help. As I spun the boat one of the guys jumped about 5 feet from the dock to my swim platform! I stayed calm and put the shifters in neutral and walked the boat in with the bow thruster. Later today I have to have a nice conversation with him (when he is sober). What if I didn't see him and he slipped into my props? Years ago this would have been considered a stupid accident today a percentage of blame is placed on both parties. I would almost bet if he had fallen between the dock and my props he would be dead and I would have been criminally charged even though I did nothing wrong.
I'm sitting here actually thinking about going to the marina manager but I think it should be handled man to man.
I'm asking what would you have done in the same situation I was in last night?
Bill
 
quote:
Originally posted by PeteMrrs

We have a pool party scheduled for today. After reading this, I think it's best to cancel before someone gets hurt.

Click to expand...


I know of two horror stories with pools where the homeowner got sued.
The first involved a drunk who did a cannonball in to the pool and wound up paralyzed for life. He got a huge settlement when he sued. I guess they kind of figured the homeowner shouldn't have let the guy get drunk and go in the pool.
The second involved a teenager that climbed over a fence with a couple of friends during the night to go fo a swim in the pool while the owners weren't home. He drowned. Although the owners of the house had a fenced in yard with a locked gate, and the teenager and his friends (who they didn't even know) climbed over the fence while they weren't home without permission, the family of the dead kid still got a settlement. Amazing!
Luckily, both homeowners were covered by insurance. But we wonder why our rates are high here in the people's republic of NY.
 
quote:
Originally posted by Billylll

I agree insurance is needed but in today's environment criminal blame seems to be the public outcry. Last night my wife and I were returning to the dock around 11PM when 4 guys from another boat (obviously drunk) decided to help. As I spun the boat one of the guys jumped about 5 feet from the dock to my swim platform! I stayed calm and put the shifters in neutral and walked the boat in with the bow thruster. Later today I have to have a nice conversation with him (when he is sober). What if I didn't see him and he slipped into my props? Years ago this would have been considered a stupid accident today a percentage of blame is placed on both parties. I would almost bet if he had fallen between the dock and my props he would be dead and I would have been criminally charged even though I did nothing wrong.
I'm sitting here actually thinking about going to the marina manager but I think it should be handled man to man.
I'm asking what would you have done in the same situation I was in last night?
Bill

Click to expand...


That's a tough situation. I doubt that you would have been charged criminally. An accident is still an accident. But I have no doubt that you would have civil issues.
The crazy thing is that the guy was actually trying to be a help, but the alcohol severely impaired his ability.
I've done plenty of stupid things too. But for many years now I've been real careful when it comes to drinking. I won't touch a drop if I know I am going to be driving a car or running my boat.
These days I take it easy as a passenger too. I know my limit, and stick to it. Besides, it takes me way too long to recover from a hangover these days.
 
There are as many answers to this question as there are lawyers.

I just cannot worry about this possible event especially when the USA is drowning.
 
In NJ in our own Township a guy was charged when a homeless person jumped in front of his car on US highway 30 to commit suicide. The driver (unlucky fellow) blew a .09 or .01 over the legal limit. Even if he had not had a single drink the end result was the same.
He is serving 5 years for vehicular homicide.
In NJ they charge you 1st you get the luxury of paying for an attorney to defend yourself. I repeat in the current climate there is no such thing as an accident.
Bill
 
Bill, no offense meant, but how do you know that this homeless man was jumping in front of the car to commit suicide? Did he leave a note in his shopping cart? Isn't that a stretch to suggest such a thing? I can see it now: "But judge, really, the guy jumped in the middle of the road on purpose and I hit him. The fact that I was over the legal limit for driving drunk played no role in this whatsoever."
 
quote:
Originally posted by Stephen

Bill, no offense meant, but how do you know that this homeless man was jumping in front of the car to commit suicide? Did he leave a note in his shopping cart? Isn't that a stretch to suggest such a thing? I can see it now: "But judge, really, the guy jumped in the middle of the road on purpose and I hit him. The fact that I was over the legal limit for driving drunk played no role in this whatsoever."

Click to expand...

The bar had just called the PD warning about this guy's behavior. As the PD was responding to a dispondent man call it happened. The police report was taken from witness statements at the bar he left minutes before he leaped into oncoming traffic.
The PD is less than 3 minutes from the scene.
A few additional notes, I was involved in the investigation, the driver was driving a commercial vehicle, he showed no signs of being impared and was not issued a DUI at the scene. However the law requires anyone driving a commercial vehicle take a blood test after this type of accident. After he was tested at the hospital the BAC was discovered where he was then arrested and charged with numerous offenses by the Atlantic County Prosecutors Office.
Tragic.
Bill
 
The DUI law is written the way it is because there is no defined level of imparement. If you blow a .08 you are deemed under the influence and driving impared... PERIOD. So, assuming that the deceased was attempting suicide by jumping into traffic and the striking vehicle is operated by an impared driver the driver is charged with DUI because he is DUI and he's charged with homicide by vehicle (1) because he was driving illegally, and (2) he may have been able to avoid striking the deceases if he wasn't driving impared. Its a done deal unless the driver pleads Not Guilty and requests a jury trial.
 
You must log in or register to reply here.
Back
Top