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Originally Posted by Airwaves
Re: your example of the Canadian Captain running aground at night causing the death of one crewmember and injury to another, you're right on! That captain was completely negligent. However he ran aground, he didn't strike an unlighted vessel at night.
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You agree that the captain was completely negligent in striking the cliff at top speed at night. Now change the struck cliff to striking "five teenagers in a seriously overloaded, unlighted canoe sitting extremely low in the water". Your legal defense of unsafe night operation would turn five teenagers into roadkill.