On Sep 5, 11:27 am, Gene Kearns
wrote:
On Tue, 4 Sep 2007 12:27:23 -0400, D-unit penned the following well
considered thoughts to the readers of rec.boats:
After getting drenched in a heavy downpour last week and on my way
home, I notice a fellow off to the side of the ICW *walking* his boat
up the waterway. He waves and appears to be in distress so I turn
around to see what's up.
Turns out,
His battery is dead. I hand over my battery booster which doesn't help
much. (Im wondering if I shouldn't have bought a larger one) He then
asks me to tow him to the wildlife ramp. (approx. 3-4 miles)
to which I reluctantly replied ok. He said a couple other guys had stopped
but refused to give him a tow. I have never had to tow anyone but was
willing to help the guy out.
I did irk me that he had no back up of any kind. i.e. extra battery, paddle.
battery booster.
When we got to the ramp, he offered no *thank you* but a "what do I owe
you"?
A thank you would have sufficed, I guess that's what he meant.
Afterwards, I starting thinking about what my obligations are in similar
situations.
I think Im only legally obligated to lend assistance only if it is a dire
situation or
someone is hurt. Maybe someone could clear this up.
A few thoughts:
1) You lend assistance to the crew and passengers, not the vessel....
so, just waiting at the scene until "assistance" comes is a legal
option.
2) Those advising against any further help may actually be putting
caution and common sense ahead of being a good Samaritan. In a
litigious society, that may not be an all bad idea. (What would the
outcome have been had you been accused of damaging the towed boat in
some way?)
3) It isn't really legal to accept any sort of compensation for this
sort of tow unless you have a Captain's License with a Commercial Tow
Assist endorsement.
Personally, I, too, would have given him a careful tow to Wildlife and
accepted no pay.... but recognize that there could be some liability
incurred, especially if the towee is the sort of person disinclined
to offer appreciation for the voluntary assist.
YMMV.
--
Grady-White Gulfstream, out of Oak Island, NC.
Homepagehttp://pamandgene.idleplay.net/
Rec.boats at Lee Yeaton's Bayguidehttp://www.thebayguide.com/rec.boats
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We found a guy in a big boat sitting on it's side in low tide behind
Seldon Island in Deep River CT, on the CT river. Of course, no one
told him the tide was going out so he was stuck until morning. My
Sears Jon, was not going to get him out, so we gave him the food and
drinks from the cooler to keep him for the night. High tide was going
to be about 6 am iirc.. His "buddies" had hiked out and left him
there for the night, yuppies, geeze... It was the 80's then, my jeep
bumper sticker read "die yuppie scum"

But he was a boater after all.