otnmbrd wrote:
Jeff Morris wrote:

otnmbrd wrote:

Jeff Morris wrote:

There was actually a case where a ship claimed rights as a RAM
because the crew had the flu. They were held liable for the ensuing
incident.




ROFLMAO Did you get the name of the lawyer? I may want him/her on
retainer for vivid imagination sake.

otn


The ship entered port show RAM shapes. This case gets cited to show
that you actually have to be a RAM (or NUC) to avoid liability. I'll
have to dig it up (its in Farwells) to see if it implies negligence.



ROFL
I can understand their reasoning.
I was on a ship where a particularly virulent strain of flu went through
the ship.
We were at sea, and 95% were bed ridden and unable to stand watch. Those
of us who were not, maintained the watches for a long period and luckily
kept us out of trouble.

otn
I found such a case (not quite what I was remembering): In 1969, in
the Dover Straits, good visibility but F8 wind, a ship, the "Djerba,"
had been subjected to four days of heavy weather and was carrying NUC
lights, even though they had full use of the engine and steering.
There was, of course, a collision, and the Admiralty Court held that
Djerba was in breach for showing the light when not entitled.
Further, because she otherwise was the give-way vessel, she was not
relieved of that responsibility. Djerba was apportioned 60% of the
blame, and it was upheld on appeal.