Seaman’s Manslaughter

Discussion in 'Fishing Chit Chat' started by Larmo, Sep 5, 2019.

  1. Larmo

    Larmo Strip it. Mend it. Hit it!

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    In light of events over the past two years it might be worthwhile to start a discussion of what criminal liability exists for captains and crews of sport boats for criminally negligent homicide.

    Sleeping while on watch resulting in death of passengers exposes the captain and crew to being charged with a Federal crime called “Seaman’s Manslaughter.”

    A constant and diligent watch is the most crucial piece of the safety net on these vessels. If you as a crewman are charged with that watch it is a solemn duty you should discharge with honor simply because lives depend on you, but if that’s not enough motivation for you to stay awake, then do it because you want to stay out of jail.

    If a captain can be charged with 17 counts of Seaman’s Manslaughter for taking a boat out with a weather warning for thunderstorms, you can bet a captain and/or crewman can be charged if they were asleep while on watch which resulted in a collision or fire causing death.

    Read this article.

    https://www.washingtonpost.com/nation/2018/11/09/captain-missouri-duck-boat-accident-that-killed-is-charged-under-little-known-th-century-law/
     
  2. fish4us

    fish4us Member

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    For decades the fleet has covered up, dismissed and has been complicit in all known cases. Pretty sure in many cases it could also be called accessory after the fact or actual accessory to the crimes. Not to mention witness tampering etc. If the precedent had been set back in 1999 with the case of James Heyn or before things would have evolved in a more positive direction. Nope! turn in your ticket and skulk away and all is forgotten. That was the lesson learned then and it evolved into skulk away without turning in your ticket and ignore and rebuke negative commentary and wait out the controversy. Rename, rebuke and pretend. Welcome to fantasy Island. Tattoo will be greeting you at the dock.
     
  3. fish4us

    fish4us Member

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  4. Larmo

    Larmo Strip it. Mend it. Hit it!

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    The easiest part of a captain’s job is catching fish. If it was difficult a 20 year old couldn’t do it so well.

    What makes a great captain is the ability to create and manage a system that allows the vessel to carry passengers out to sea and back safely. That takes incredible leadership and management skill. Not enough attention is put on these mariners who are a dying breed.
     
  5. stickbass

    stickbass Member

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    seems i cant hardly open a thread on this board without reading about someone wanting to sue someone.
     
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  6. BluefinCurly

    BluefinCurly Skipper

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    you know what they say about a 1000 dead lawyers at the bottom of the ocean...
     
  7. O'side yakker

    O'side yakker Newbie

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    They haven't even identified the victims yet, shame on you.
     
  8. sickcat

    sickcat Silverback

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    I had no idea it was manslaughter!

    No more jerkin off for me!!!
     
  9. wils

    wils lazy-ass well known "member"

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    nothing will change until there are criminal charges AND prosecution..... even if it winds up as "suspended sentence".
    As long as insurance companies are paying off the families (blood money) and the lawyers (40%), nothing will change.

    Insurance companies don't pay for criminal defense attorneys. and criminal defense attorneys cost lots of $$$. When folk are looking at huge legal fees if they are negligent ...resulting in someones' death, maybe they'll find another bunk to stow the extra gear on a 3 day trip instead of under the escape hatch/fire escape. Blocking a fire escape goes way past the traditional "wink and a nod" freebie.

    This article speaks to the limited access.....WITHOUT anything being stowed on the bunk.....
    https://www.aol.com/article/news/20...l-escape-route-california-boat-fire/23807599/
     
  10. apogee

    apogee My name is Apogee and I am a Squidaholic

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    On Thursday, the company filed suit in U.S. District Court under a pre-Civil War provision of maritime law that allows it to limit its liability. The suit said that the company and owners, Glen and Dana Fritzler, made the boat seaworthy, and the craft was properly manned and equipped.
    Anyone who can make a claim against the company will be served with notice that the company is asserting it is not liable for damages from victims. Charles Naylor, who represents victims in maritime law cases, criticized the suit and said it forces family members in their grief to respond to a lawsuit.....
    There you have it...........Ap
     
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  11. fish4us

    fish4us Member

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    Do you know how scared you all sound when you are constantly trying to disparage anyone or anything that talks about the criminal negligence within the fleet? I hope we see a prosecution, conviction and incarceration of any one of these captains that caused grave bodily injury or death to passengers. It is way past time the baby boys and their adorable little cheerleaders get a dose of reality. A few years behind bars for one of them and EVERYTHING would change. Passengers might not have to speculate or carry on dump gear bags. What a concept
     
  12. Ratshirt

    Ratshirt Member

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  13. fish4us

    fish4us Member

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    You have got to be kidding me! Bottom scum owners. Someone needs jail.
     
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  14. fish4us

    fish4us Member

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  15. Ratshirt

    Ratshirt Member

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    The owner's attorneys would have been negligent in not filing, especially in California.
     
  16. fish4us

    fish4us Member

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    i do not see anything about someone wanting to sue. It is pretty clear this is about pushing for full on prosecution for killing and maiming people when you are completely in control of whether they get home alive and you fail. Long past the suing stage. Everyone is pretty much over it and wants real penalties for crimes like in th real world
     
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  17. spize909

    spize909 Well-Known "Member"

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    Every post you've ever made on Bloody Decks is in relation to some kind of boating accident.......why? And why are you blindly blaming the owner of the Conception, knowing zero facts? You know there was a fire and people died. You and Lamo need to take a step back and let it go. I understand regular people being concerned with what and how but you both clearly have an agenda.
     
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  18. fish4us

    fish4us Member

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    Do you suppose there is an off chance i have lost a family member or friend to the criminal negligence of a captain of a vessel? That is an agenda that is not only highly probable but completely understandable. Unlike defending the indefensible. Just look at it as a voice of the now voiceless.
     
  19. aquasport18

    aquasport18 aquasport18

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    Trust me people the people who perished in this incident some of the relatives im sure will hire big attorneys and it will end up awarding one lump sum for everybody and all will get a share maybe a little maybe a lot doesn't matter what caused the fire the owners are paying the ins company to protect them from shit like this . Me I don't think captain or crew are at fault so far time will tell . just a fluke thing , but that's what we pay ins cos for . GOD BLESS EVERYONE INVOLVED. B
     
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  20. Steve Francis

    Steve Francis Well-Known "Member"

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    I wonder if owners of private boats, such as a 40' Cabo, in the event of an accident could be subject to these Seaman's Manslaughter charges if they failed to do any of the following:
    1) Know how to apply variation and deviation to their vessel's magnetic compass
    2) Post a compass deviation card at the helm of their vessel
    3) Have their compass adjusted annually and post the results
    4) Carry charts and publications for the area in which they are operating
    5) Update those charts and publications per the USCG Local Weekly Notice to Mariners
    6) Post corrections made to those charts and publications
    7) Be tested and certified for the operation of the vessel's radar
    8) Be able to conduct rapid radar plotting and collision avoidance
    9) Label all PFDs with the vessel's name
    10) Attach a PML to each PFD
    11) Annually inspect each PFD
    12) Maintain PMLs within period of operation
    13) Clearly mark any storage of PFDs
    14) Post PFD donning instructions
    15) Clearly mark all escape hatches
    16) Clearly mark all fire extinguishers
    17) Service and maintain extinguishers annually
    etc, etc, etc

    This is just a short list. Failure to do any of the above would make you a threat to general public safety and hazard to navigation. Certainly a possible candidate for Seaman's Manslaughter. Wow a 40' yacht like that, you could probably take 20-25 clients on a Xmas cruise. Of course you'd have sufficient PFDs for all. Heck, you may even have inflatable life rafts. What are their capacities? Have you ever launched one? Have you been trained in their use? How often do you have them serviced?
     
    Last edited: Sep 5, 2019
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