KEN,
Maritime law is primarily a comparative negligence proposition. So just
a couple of minor facts going against you can make the difference in a
huge amount of money. Often, although it is said one side "lost" the
other side got dinged too. Both sides get charged with their
negligence.
Neither escapes scott free in a lot of cases.
I have seen cases I was involved in described in the papers, written up
so that I never would have recognized it as the same case. The three
sentence explanation of the case may be over-simplified (maybe the
secluded cove was not truly a secluded cove), maybe it was not really
the middle of the night, maybe it was a "no-anchoring" area, maybe the
landscape light was not putting out any light at the middle of the night
or the owner said he was asleep and did not know if it was bright?).
I realize you are simply copying what someone else posted (who
said there that they could not remember the full details), but those
are the
kind of stories that can changed in our recollections and each
retelling gets a little more warped.
As a lawyer, I was never left wanting to when it came to telling my
client's
story in the best light, even if it meant oversimplifying a few
details a little...
Ed
Ed Kelly (& Sue Kelly)
USSV Angel Louise - a Catalac catamaran / on mooring at Annapolis
Sailboat show
Our Skype Phone (202) 657-6357
Email: EdKelly ("at" symbol) netins.net
On Oct 13, 2008, at 2:29 AM, Ken James wrote:
From;
http://www.woodenboat.com/forum/showthread.php?p=1955792
Originally Posted by kc8pql View Post
"A few years ago, in the middle of the night, a
jet ski hit a boat anchored out in a secluded
cove. The boat was only slightly damaged, but the
jet skier had severe head injuries. *The boat was
using a solar powered landscape light for an
anchor light*. After the insurance companies went
round and round for a while it ended up in court.
The anchored boat lost, not because his light
wasn't CG approved, but because he couldn't prove
that the light he was showing complied with the
colreg visibility requirements at the time of the
accident.
Ya pays ur money and ya takes ur chances."
I thought jet skies could not run after dark? And
who would be silly enough to run through such a
place at night at speed? I doubt if any light
would have helped this person was drunk or crazy! -Ken
_______________________________________________
Liveaboard mailing list
[email protected]
To adjust your membership settings over the web http://
www.liveaboardnow.org/mailman/listinfo/liveaboard
To subscribe send an email to [EMAIL PROTECTED]
To unsubscribe send an email to [EMAIL PROTECTED]
The archives are at http://www.liveaboardnow.org/pipermail/liveaboard/
To search the archives http://www.mail-archive.com/
[email protected]
The Mailman Users Guide can be found here http://www.gnu.org/software/
mailman/mailman-member/index.html
_______________________________________________
Liveaboard mailing list
[email protected]
To adjust your membership settings over the web
http://www.liveaboardnow.org/mailman/listinfo/liveaboard
To subscribe send an email to [EMAIL PROTECTED]
To unsubscribe send an email to [EMAIL PROTECTED]
The archives are at http://www.liveaboardnow.org/pipermail/liveaboard/
To search the archives http://www.mail-archive.com/[email protected]
The Mailman Users Guide can be found here
http://www.gnu.org/software/mailman/mailman-member/index.html
