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No life jacket vs. responsibility for wake

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No life jacket vs. responsibility for wake

Old 06-09-2019, 04:13 PM
  #21  
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Originally Posted by xl883lo View Post
The news accounts said 2 miles north of the Texas City Dike. This would be no where any No Wake Zones and possibly out in the middle of the Bolivar Roads Shipping Channel. Think out in the middle of New York Harbor or Miami Bay. Every ship going to the Port of Houston or the Port of Texas City has to pass by the Texas City Dike.
the chief was recovered from the water by a Galveston County Marine Unit boat crew near mile marker 32 on the west end of the Houston Ship Channel, the City of Kemah said
Well then, as stated, the person without the PFD is at fault in my book. Outside of a no wake zone you need to be prepared for everything all the time.
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Old 06-09-2019, 04:54 PM
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I don't think there are any absolutes here. Yes, people are responsible for their own wake, but it is also the responsibility of the victim to be boating in a responsible manner. If you are in a shipping channel and not a no-wake zone, it's a pretty tough call to blame

How about we call it an accident, rather than always trying to placed the blame somewhere? We need to get away from looking at every tragedy and pounding our fists on the table yelling "SomethingMustBeDone!".

Yes, the guy should have worn a pfd and yes, that only reduces the risk of drowning. If a wake didn't flip or swap a boat but someone still fell out,it sounds like they put themselves in a precarious position.
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Old 06-09-2019, 05:14 PM
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It’s not about right and wrong. It’s about The Who has best lawyer.
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Old 06-09-2019, 05:58 PM
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2nd place and the teacher is an ahole
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Old 06-09-2019, 09:28 PM
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Very limited info on the news, other than the ďfactĒ that the wake of a larger vessel made him loose balance and he went overbord.

Not clear if his boat was underway or anchored, so if underway, he was probably not clipped to the kill switch landyard. If the wife was operating the boat, why didnít she turn around. Why didnít she toss the flotation cushion. Intoxicated?

lots of unkowns
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Old 06-10-2019, 02:48 AM
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Originally Posted by JoseG View Post
If the wife was operating the boat, why didnít she turn around. Why didnít she toss the flotation cushion.

lots of unkowns
this was my main question when I read the story.
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Old 06-10-2019, 03:34 AM
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Originally Posted by yarcraft91 View Post
Not enough information.
That's thinking outside the box. You must be a genius.

Last edited by Brad1; 06-10-2019 at 04:42 AM.
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Old 06-10-2019, 04:12 AM
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His wife saw him fall overboard north of a levee, the Houston Chronicle reported.“Large boat came by and knocked her husband off the boat,” a dispatcher was quoted by the paper as saying. “She hasn’t seen him since.” Other details about the incident are not clear.

https://www.theepochtimes.com/body-o...s_2956532.html

https://search.yahoo.com/search;_ylt...&fr=opensearch
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Old 06-10-2019, 04:42 AM
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I would have to ask, How were he and the Mrs. getting along?
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Old 06-10-2019, 04:46 AM
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Originally Posted by fireisland1 View Post
Itís not about right and wrong. Itís about The Who has best lawyer.
IMO it's more about who's on the jury.
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Old 06-10-2019, 04:49 AM
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Liability for your actions results from negligence that you commit that results in damages.

If you recklessly drive your boat in a way to make a wake that is dangerous and potentially harmful to others you are negligent. If damages result from the that negligence, you may be liable. If another boater drives through that wake in a reckless manner without regard for safety, you may be judged to contribute to that negligence.

But in no way shape or form can the failure to be wearing a life preserver when an emergency erupts be considered to be negligence. Period. Safer and better to wear a life preserver at all times -- yes, for sure. Might it have prevented a tragedy, yes. But not negligence.
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Old 06-10-2019, 04:49 AM
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Originally Posted by Brad1 View Post
That's thinking outside the box. You must be a genius.
his daddy taught him that in grade school.
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Old 06-10-2019, 04:49 AM
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Let's add another possible twist. What if he was wearing a saftey lanyard, and when he fell,over drifted off and wife could not start the boat to get him.

All kinds of possibilities here
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Old 06-10-2019, 04:54 AM
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Originally Posted by Gullpt View Post
I would have to ask, How were he and the Mrs. getting along?


How much life ins did he have?
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Old 06-10-2019, 04:59 AM
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Originally Posted by mikefloyd View Post
IMO it's more about who's on the jury.
Yep. See Post 1.
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Old 06-10-2019, 05:27 AM
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Question to the OP: Is this a generic situation posed for discussion, or is it specific to the missing police chief?? If generic, you might want to add some detail to the scenario. I don't think we know enough about the other situation to even guess yet.
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Old 06-10-2019, 05:47 AM
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Originally Posted by chrispnet View Post
Yep. See Post 1.
Trick question. We wouldn't be on the jury because lawyers want dumb, uninformed, easily malleable jurors who know nothing about boating.
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Old 06-10-2019, 05:54 AM
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Originally Posted by km1125 View Post
Question to the OP: Is this a generic situation posed for discussion, or is it specific to the missing police chief?? If generic, you might want to add some detail to the scenario. I don't think we know enough about the other situation to even guess yet.
We know a lot if you are familiar with the area. As I posted earlier "[color=left=#222222]The news accounts said 2 miles north of the Texas City Dike. This would be no where near any No Wake Zones and possibly out in the middle of the Bolivar Roads Shipping Channel." Bolivar Roads is the cut between the Texas City Dike and the Bolivar Peninsula and is the main entrance to Galveston Bay from the GOM. Every Ship Going to the Port of Texas City and the Port of Houston goes through that cut. His body was found near the dike. [/color]

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Old 06-10-2019, 06:14 AM
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Originally Posted by km1125 View Post
Question to the OP: Is this a generic situation posed for discussion, or is it specific to the missing police chief?? If generic, you might want to add some detail to the scenario. I don't think we know enough about the other situation to even guess yet.
I created this thread so as not to disrespect the other thread with this conversation.
I chose the words carefully...I could be convinced were I a member of the jury hearing a case brought by the wife seeking damages from the guy who tossed the wake.
This is one of those "you are responsible for your wake" discussions...using the unfortunate current events.

Clearly, since we've heard no arguments, there are no real facts with which to arrive at a conclusion.
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Old 06-10-2019, 06:26 AM
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Originally Posted by YFMF View Post
Well then, as stated, the person without the PFD is at fault in my book. Outside of a no wake zone you need to be prepared for everything all the time.
Curious how many of you wear a PFD when on your boat with other people? I would guess the numbers would be very small.
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