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Old 08-08-2007, 08:23 PM   #192
Gavia immer
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Quote:
Originally Posted by LocalRealtor
The problem with the scenario presents above is the cliff was likely on the chart, and wasn't required to have a light to keep a vessel from striking it. On the other hand, in your example, the canoe with 5 kids on board at night, would have been required to display a light for their own safety. While likely to be killed, its also likely that the operator of the vessel that struck them wouldn't be charge with negligence or any wrong doing. Keep twisting it, and someone will come along and keep knocking your ridiculous scenarios out of the park.

As an aside, my boat will only go above 45 mph at full throttle, although it's not likely to happen, as I don't abuse my stuff, nor can I afford to waste money like that.
Whether the cliff had a light or not, and whether the cliff was on a chart or not, the captain's responsibility to his boat and passengers is not to collide with anything.

Not being charged with any criminal wrongdoing is small comfort. In this case, as many as five families could bring civil lawsuits against the operator of the powerboat.
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