"Jeff" wrote in message
. ..
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.


Dave needs a lot of help.


--
"j" ganz @@
www.sailnow.com