Salvaging or scavenging?
Dave wrote:
US Code TITLE 46 Subtitle II Part A CHAPTER 23
§ 2301. Application
Except as provided in section 2306 of this title, this chapter applies
to a vessel operated on waters subject to the jurisdiction of the
United States (including the territorial sea of the United States as
described in Presidential Proclamation No. 5928 of December 27, 1988)
and, for a vessel owned in the United States, on the high seas.
...
§ 2304. Duty to provide assistance at sea
(a) A master or individual in charge of a vessel shall render
assistance to any individual found at sea in danger of being lost, so
far as the master or individual in charge can do so without serious
danger to the master’s or individual’s vessel or individuals on board.
(b) A master or individual violating this section shall be fined not
more than $1,000, imprisoned for not more than 2 years, or both.
Bingo. You answered both my questions. For those living in States without a
good Samaritan law this creates an interesting dilemma. The federal law says
you have to render assistance, and the state law says that if you render
assistance and you are later found not to have done so as carefully as a
prudent seaman would have done you're liable to the person you were trying
to help.
Oh, so this was a quiz. I thought you didn't know and needed help
looking it up. Now you're claiming you knew the answer all along and
were just testing us. The Federal Boating Safety Act of 1971 contains
a "Good Samaritan" provision that became part of Chapter 23. Of
course, The Good Samaritan Doctrine is not free license to act
completely incompetently. Even under state laws you can be liable if
your actions can be shown to be negligent. So the question is, how
much grey area is there between "negligent" and "ordinary, reasonable,
and prudent"?
TITLE 46 Subtitle II Part A CHAPTER 23 § 2303
(c) An individual ... gratuitously and in good faith rendering
assistance at the scene of a marine casualty without objection by an
individual assisted, is not liable for damages as a result of
rendering assistance or for an act or omission in providing or
arranging salvage, towage, medical treatment, or other assistance when
the individual acts as an ordinary, reasonable, and prudent individual
would have acted under the circumstances.
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