Towing Liability

[frank balcer]

Yesterday when returning from sailing out in the Ms. Sound, i was called by a friend about a third party that was broke down. The sailboat in question was being towed in from out front but the fishermen that were towing him could only go to the mouth of the river. Between talking to my friend (other boat had only a handheld VHF and a cell phone) and the local Coast Guard, I agreed to await for them at the mouth of the river and tow them 8 miles up stream. All went pretty good, got them finally home and secured. This morning my friend asked weather i passed a line to the disabled vessel or the disabled vessel passed a line to me which they did. My friend said that it seems he heard that there is a difference as to liability weather my line is used OR a line from the disabled vessel is used. Anyone have any info on this? Frank

 

[JustinG328]

Liability

I don’t know about MS but in GA we have what is called "good Samaritan" laws. These laws help those who want to give a helping hand in court if the distressed "victim" tries to sue. As long as you act in what is called "good faith" then you will be fine. Good faith means acting without ill will towards the victim. Now keep in mind, anyone can sue anyone for anything. It is the courts decision to determine who is at fault and the guilt is not beyond a reasonable doubt but a preponderance of the evidence which means 51%. I would say use your best judgment but I don’t see a court ruling in the prosecutions favor if the defendant was simply trying to tow the vessel to a safe harbor.I hope that this helped. It is hard to explain law in one sitting.

 

[Ross]

I think that the details about how the line is placed

aboard is a question relating to towing or rescue and salvage. I don't know any details beyond that.

 

[Joseph Shirley]

I believe the question relates to personnel injury from

the parting of the tow line, and that happens more frequently than you think, especially with nylon tow ropes (Thats why the coast guard boats have a chain link fence between the tow line and the coxswain, a parted nylon line snaps like a rubber band, and can take your head off). If the towed vessel provides the line and it parts causing personnel injury, he is responsible. If the towing vessel provides the line, he is responsible. At least thats the way it has always been explained to me.Joe S

 

[sailortonyb Allied Mis]

Good Samaratan Laws

Although probably not called Good Samaratan Laws at sea, they are still largely in effect. They are pretty much dead on land due to the Law Suit industry.I read a while back, that when a boat asks for assistance, they pretty much surrender all rights. Without the fear of being sued, others are more likely to help. The article I read had something to do with someone doing a rescue for someone whose engine supposedly died. Later the rescued parties said that the rescuers bumped their boat and thats caused it sink. The lawsuit was dismissed.Admiralty laws still pretty much make sense. Tony B