This is a Nova program on an interesting sea story.
Dwayne
Tuesday, May 09, 2006
Boaters need to Understand the Jones Act
In general I think the theme of this article is correct. If in doubt talk with your local maritime lawyer and / or marine insurance broker. A little consultation up front may save you a bundle down the river.
Dwayne
Monday, May 01, 2006
We posted this article below on failure to render aid.
Here is a generic law blurp on the rescue doctrine. There is a similar rule in maritime cases.
Below is some language on the doctrine from a maritime case. This should clear it up for the reader:
We believe that the maritime rescuer's perception of the need for immediate action must be evaluated under the same wanton and reckless standard. In rescue situations, perception and response are inextricably linked. The same standard governing conduct that saves the lives of seamen must apply to the perception that generates the act. By definition, the perception of danger requiring prompt action is formed under the same stress and on the same imperfect information as the rescue itself. If rescuers will not be charged with the simple negligence of their acts "in the excitement and confusion of the moment," it is anomalous to charge them with a failure to prudently verify that immediate action is necessary. See Wagner v. International Ry. Co., 232 N.Y. 176, 133 N.E. 437 (1921) (in the rescue context, "the law does not ignore the reactions of the mind in tracing conduct to its consequences. It recognises them as normal.")
Dwayne
Here is a generic law blurp on the rescue doctrine. There is a similar rule in maritime cases.
Below is some language on the doctrine from a maritime case. This should clear it up for the reader:
We believe that the maritime rescuer's perception of the need for immediate action must be evaluated under the same wanton and reckless standard. In rescue situations, perception and response are inextricably linked. The same standard governing conduct that saves the lives of seamen must apply to the perception that generates the act. By definition, the perception of danger requiring prompt action is formed under the same stress and on the same imperfect information as the rescue itself. If rescuers will not be charged with the simple negligence of their acts "in the excitement and confusion of the moment," it is anomalous to charge them with a failure to prudently verify that immediate action is necessary. See Wagner v. International Ry. Co., 232 N.Y. 176, 133 N.E. 437 (1921) (in the rescue context, "the law does not ignore the reactions of the mind in tracing conduct to its consequences. It recognises them as normal.")
Dwayne
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