Another issue of legal liability

KD3PC · Jan 22, 2011

People need to get a whole lot more responsible for their own shortcomings.

That being said, I would not hold my breath.

I would send him a nice letter back stating to stay away from marks and other hazards....when fishing

That being said, I would not hold my breath and I would make sure that the club has a lawyer amongst the members. Sadly in our system, anyone can sue anyone and there is no penalty to do so. The cost to simply respond, let alone defend something like this, can be outrageous.

YMMV

KMm · Jan 22, 2011

He has been eating to much of his bait. Speed markers, hazard markers,race markers, and Fishing net or trap markers are not required to be on charts, and anyone with half a brain knows you AVOID any marker!
But guys he is a power boater! Good ones not so many.

CalebD · Jan 22, 2011

I've got to agree with kd3pc.
I'd also speculate that this 'fisherman' is not a commercial fisherman. Would he demand compensation from every crabber whose pot he snagged? So many more crab pots on the Chessy then race markers.
What kind of fishing rig or lures cost $300? I know some lures can be expensive but he must have been using gold plated spoons or something.
This litigious BS and some peoples sense of entitlement just amazes me.

Ctskip · Jan 22, 2011

When are we going to wise up and hold those responsible for frivolous lawsuits.
I belonged to a club where a drunk prostitute came in, actually fell in, and was thrown out immediately. She eye balled everything and took a head count and went directly to the police saying she was raped. This is back in 75. No DNA then. It cost over $25,000 and five years to have it thrown out. Sad, but true.

Keep it up
Ctskip

gettinthere · Jan 22, 2011

this was a VISIBLE marker?

gettinthere · Jan 22, 2011

First, lets kill all the lawyers!

On another list, the McCotters fire in NC came up. Talk of untieing a boat and setting it adrift to create a fire break came up. This would be a boat not on fire but several slips from the fire, so that as the fire moved down the pier, it would stop or slow down at the empty slip.
A guy pipes up and says that if someone untied his boat and put a scratch in it, he would sue. He said he would rather have his boat burn down and collect the insurance vs having a boat that needed some repairs. It would no longer be in perfect condition.

If a good samaritan is trying to do the right thing and limit the spread of the fire, he would sue for any damage to his perfect boat. Even if he looses the suit, the good samaritan is out a lot of cash defending himself.

We need significant tort reform in this country.

Ctskip · Jan 22, 2011

How about that lady who was texting and walking in a mall and fell into the fountain? Hoping nobody was looking out of fear of embarrassment. Now she goes on National TV and announces she considering suing the mall for not coming to her aid or protecting her or some such. If stupid were money, she'd be wealthy.
Give me a break.

Keep it up,
Ctskip

Stu Jackson · Jan 22, 2011

MacDonald's coffee, anyone?

RichH · Jan 22, 2011

If the race marker or parts thereof was 'unseen' - ie.: submerged, etc. then you probably owe the fisherman his due (On the other hand, Fisherman are typically immune from their liability due to 'custom' going back to pre-revolutionary times - but you're NOT).

If the race marker was plainly visible, and you have witnesses ... then either *turn it over to your insurance company* or 'negotiate' with the fisherman.

-----------------
The texting lady - negligence on the part of the pool owner - no 'barrier'. In todays 'legal climate' ... she's going to become a gazillionaire'

Caution RANT follows -
Yes indeed, with now 1 lawyer per ~240 persons in the US and with all these avaricious and greedy SHYSTERS 'making work for themselves' based on arcane and idiotic laws, plundering probably 15+% of the entire GDP of the nation without benefit for anyone other than SHYSTERS, including the obscene cost of 'risk management' included in each and every service and product, etc. etc. etc. .... if in the future there is ever a revolution that leads to the 'removal' of the greedy oligarchy of plundering shysters (including politicos and those who BUY the politicos) from our society, I'd then seriously consider to be the very first to show up with Pom-Poms at the steps of the figurative guillotine - all this figuratively speaking of course to protect myself from the opportunistic parasites.

If humankind can (soon) map the human genome/DNA, then it should follow - "The Law" should also be 'computerized' - for the sole purpose to remove the opportunity of OBSCENE PROFIT from "the law".
TORT REFORM TORT REFORM TORT REFORM. Windfall profit taxes on Contingency Fees ... that in itself would pay for the computerization of "the law" !!!!

Calif. Ted · Jan 22, 2011

Higgs, almost all local Bar Assoc. (the lawyer kind, not the fun kind) have a program whereby you can be referred to an attorney who will listen to you describe the situation and then advise you as to you options etc. It's about $35 to $50 for 30 minutes AND of course you should always consult a bloodsucking, I mean an attorney. My lawyers make me say this.
Luckily I'm not a lawsuit magnet anymore, but the system that worked best for me was:
If you do not want to pay him something to go away.
If the first "demand letter" (also known as shaking the tree) is on personal stationary, I'd write back on better stationary. Sometimes they'd write with a crayon on stationary with daisies.
If the first shakedown letter was from an attorney I'd have my attorney respond on better stationary.
In this case I would respond something like:
Dear Mr. Fisherman,
Thank you for your letter of January 22 regarding the damage to our marker bouy, this has removed any uncertainty.
The damage to our property has been estimated at $600 by the adjuster, you'll find our return address on our letter head. Checks may be made payable to: Great White Shark Yacht Club. Thank you for your prompt attention to this matter.
Yours, Vlad the Impaler.
Oh, I almost forgot, your third option is to let your insurance company handle it for you but they will just deny his claim (at least the first time). They may settle but they'll make Mr. Fisherman answer a LOT of questions first and won't admit liability. Neither your club or the insurer wants to become an easy target for other sportsmen.

FastOlson · Jan 22, 2011

Whoa... Step back from the rhetorical edge a bit.... deep breath... Ahhh... then let it out...

I would doubt that the requirements to put on a sail boat race are much different in any other part of the US. We have been turning in our racing schedule for each season, in advance, for at least 30 years. This is for all clubs, large and wealthy or small and broke.
Then the USCG puts out that info on their appropriate Notice to Mariners for any hazards like boats, marks and specified area of the waterways that ALL mariners must take extra care within or avoid during the event.
Note that this "cuts both ways" when that Notice goes out to ALL boaters to a specific reach of the river when powerboat races are scheduled.

Advise that fisherman to actual read his Notice to Mariners. If he's like lots of anglers around here he may not be familiar with it. One time a local River Patrol Deputy told us that, while individual fishermen were not so hard to deal with, there are a significant proportion of them that simply do not consider themselves "boaters" and rather just see a boat as a moveable platform to go where they fish.
Sometimes they get more serious and take a boating class after a warning from the sheriff, but not always...
!!

L

Zaphro · Jan 23, 2011

Stu Jackson said:
MacDonald's coffee, anyone?

Only if it's served at or below room temp.

wflowe2 · Jan 24, 2011

Reply by sending him a bill for damage to your marker.

mccauley13 · Jan 24, 2011

As an older attorney and a very new sailor, I'm reminded of a quote from law school that went something like " a good lawyer will listen intently and then advise 80% of his clients to get over it and go on about their business." I think much of the time many of my clients simply want to heard. I make a small fee and explain the law to them and show them how it applies to their problem and they leave feeling that they have been heard. I can sleep peacefully at night as a bonus.

Warren Milberg · Jan 24, 2011

We need more lawyers like mccaulay13

Dan Johnson · Jan 24, 2011

Lady in the fountain update...

She turns out to be a convicted felon with outstanding warrants and a history of theft and wrongful conversion. The cops have paid her a visit...

And Forest Gump said...

Liam · Jan 25, 2011

If you put a mooring in the bay (not noted on the chart) and someone snags it, is it your fault for putting it there?
If you plant a tree and someone walks into it and breaks their nose, is it your fault?

I think that maybe the answer is that in America if the person has more money than you it's your fault. If you have more money, it's not your fault.

Ctskip · Jan 25, 2011

Liam,
to answer your hypothesis.
Yes to both.
If you park a car in the middle of the interstate, are you responsible? you bet.
In a one city I know of, one can't cut down the trees on their property without permission from the city. (which won't happen unless a hardship can be shown.)
Just as stopping at a stop sign. Stop 12 inches over the line painted on the road (just past the sign) and someone turns into your vehicle from the opposite direction, you can be held responsible for the accident. Not 100%, but you can be held liable.
We are losing our freedoms everyday and we are over run with lawyers that have nothing to do. We don't have politicians anymore, we have lawmakers.
Go figure. Personal responsibility and repercussions are non existent.
Maddoff gets 120 yrs, while a murderer/rapist get 4 yrs

Keep it up,
Ctskip