Interesting Coast Guard Assistance

Phil Layer · 08-12-2002, 01:32 PM

I got a call from Newport this afternoon from Stoyjun Princess. They were heading back into port this afternoon during a pretty powerful outgoing and spotted a boater in distress near the jaws. He had his anchor out but it was not holding.

Princess' husband, Greg, made two passes at the boat from the North but was unable to get a rope to the guy. He then went to the south side and was preparing to throw the rope when the guy's anchor broke loose. The boat spun and the bow punched out the port side windshield of Princess' boat. The distressed boat touched nowhere else on Princess' boat and the Coast Guard was there immediately after to rescue the broken boat.

The Captain of the broken boat had just bought it and was taking it for its first voyage. He noted the gas gauge did not work as he was leaving port. The kicker ran off of the same tank. Probably not the best place for a shakedown run. :shocked:

In port, the Coast Guard told Stoyjun Princess that the repairs to their boat would be paid for by the Coast Guard.

I was unaware of such a policy but it sounds more than fair to me. :grin:

By the way, they caught many small lings off of Seal Rock but could not find a keeper. They heard reports of salmon being caught and hope to chase them tomorrow. The wind was bad early but settled down at about 8:00 and came up again around noon.

corrirod · 08-12-2002, 01:37 PM

Way to get involved Stoygun Princess! Sorry about the boat but it sounds like a temporary problem. I appreciate your efforts and hopefully someone will be there to help you if you're ever in need.

You guys rock!

08-12-2002, 02:46 PM

:smile: Our tax dollars at work :smile:

It is nice to hear good stories about the Coast Guard.

Even though I had several frends in the Coast Guard when I lived in Alaska it was hard to respect them. Off the Oregon coast it is hard to not respect them.

At work I had to deal with their petty, power mad bureaucrats daily

. Whenever they boarded someone to check for life jackets and flares they always had an armed crewman watching over us :depressed: .

:smile: Thanks Coasties for all you do to keep us from harm!

[ 08-12-2002, 03:47 PM: Message edited by: Keta ]

Miss B Haven · 08-12-2002, 06:57 PM

Keta - You want to roast fuzzy pigs

and then you wonder why people hold guns on you

08-12-2002, 07:21 PM

Fuzzy pigs are lambs :grin:
We have 24 more to sell.

tag-a-long · 08-12-2002, 09:39 PM

and Beers... Way to Go Stoyjun!!!!!!!!! Hey Moby, if you talk to them tell 'em the house and all is fine here, and we expect to see redfish when they get home.

Phil Layer · 08-13-2002, 06:06 AM

Oooops.

There was a misunderstanding.

The Coast Guard did NOT agree to pay for the broken window. The good news is the distressed captain said he'd pick up the cost and it isn't much....nice flat piece of glass is all.

Tag....I'm headed over there Wednesday after work and will relay the message. Red meat may be difficult this week, especially with the weather forecast. But, they hooked 30 ling at Seal Rock yesterday although none were keepers. They'll go out this morning if they can. You going out for hali on the 23rd & 24th?

tag-a-long · 08-13-2002, 06:10 AM

I am not sure... We had planned a trip to Paulina with Stoyjun for some kokanee... I may just have to sit this one out.... We haven't had a weekend at home in a month and the garden is really suffering. You all be safe in the wind and surf. We'll see you when you get back.

Pilar · 08-13-2002, 06:37 AM

Moby, good job helping out the distressed boater. You did what seemed to be the right thing at the time.

I hate to rain on you but let me raise another thing to think about.

Liability.

Any of you legal experts out there correct me if I am wrong. I'm pretty sure a failed rescue attempt and/or sinking of the distressed boat and your involvement would make you liable in some way. This would really be a problem if someone was seriously hurt or killed.

It is hard not to jump right in but not hard to call the CG. Personally I would help anyone in mortal peril but draw the line for lesser problems. I believe it is better to let the experts who have immunity from liability handle the rest.

Hopefully the damage to your boat will be taken care of.

Miss B Haven · 08-13-2002, 07:00 AM

Pilar - I believe it is against the law (not to mention civil suits) NOT to assist (as long as you are not putting the other parties or yourself at a higher risk state than already exists - or something like that). I'm sure I have read that there are precidents set and you are not liable for damages in trying to assist. Oregon is also an "inherent risk state" which may come to play here.
Different story if you are a commercial tow/assist/salvage operation.
I believe we have a new member who is ex CG. Maybe worth an ask.

[ 08-13-2002, 08:01 AM: Message edited by: Miss B Haven ]

Phil Layer · 08-13-2002, 07:10 AM

First, I wasn't there when it happened so no kudos are owed to me. I like to think I would have jumped in to provide assistance had I been there, though.

And, my understanding is Miss B is correct...you HAVE to provide assistance to a vessel in distress. I don't think that means you have to tow somebody back in from the Chicken Ranch if they run out of gas but you need to provide assistance to insure safety as best as you can. If you can call CG and wait for them to arrive, that is great. But, I think Stoyjun Princess did not have that luxury.

This may be a good opportunity to clarify our legal responsibilities while out on big blue. I'm no hero but I do want to do the right thing if presented with the situation.

Popeye · 08-13-2002, 07:33 AM

The Master or person in charge of a recreational watercraft IS required by law to assist another watercraft in distress under penalty of fine, and or, imprisonment. Check your CG Federal requirments for recreational boaters.

[ 08-13-2002, 08:37 AM: Message edited by: Popeye ]

corrirod · 08-13-2002, 07:35 AM

I would imagine, but just guessing, it's alot like the "Good Samaritan Act" that states you cannot be held liable when trying to help someone in distress. This is the law that protects paramedics, EMT's, firefighters, as well as the general public when you provide someone with medical attention.

Now that act will "win" the lawsuit for you but it certainly won't stop these dorkwads from "trying" to sue you.

Interesting topic. Personally I need to get involved because I can't live with the guilt of not knowing what would have happened if I'd have pitched in. If someone went adrift into the jetty and someone got hurt or killed, and there was some time before that that I could've made an attempt to save them and didn't...I couldn't live with myself.

Orca · 08-13-2002, 07:52 AM

Yes, you are covered by the "Good Samaritan" Act (law, policy or whatever). I can look up the wording later in the Coast Guard Auxilary books.

craigc · 08-13-2002, 01:29 PM

From my USCG Basic boat course, I learned that that the 'Captain' or operator of a vessel is required to lend assistance, as long as it doesn't endanger either his own vessel or passengers. If I remember right, you would become civilly liable if you do not lend assistance, and where found to be capable to.

We were also told that the operator lending assistance would not be liable to any subsequential damages caused in lending the assistance, if it were found that the act was offered with good in intentions.

If I remember the discussion correctly, the operator would be limited to only civil liabilities, and not criminal liabilities... which I believe means that only money is involved, no jail time is at risk. I also remember having a debate with the instructor on how vague the laws were written, forcing all parties in a dispute to go to trial to work out any disputes in liability.

Pilar · 08-13-2002, 01:38 PM

Hey Torchman, we need you bud and your $0.02.

Don't get me wrong. I think anyone that is in genuine distress should get any help you can give. Just be careful. Towing another boat is risky. The radio is free. Call in the problem and ask the CG for advice. If you have plenty of time to do this, there is no life and death situation.

If boats are sinking, running aground or leaving fishers in the water then go ahead and earn your Hero badge.

OceanBlue · 08-13-2002, 01:50 PM

And just remember, don't put yourself or someone else in danger trying to help someone in trouble. You can't help anyone if you get injured or killed. It is SO hard to remember in the heat of the moment, and an awful feeling to have to make the choice. But sometimes the best you can do for someone is let them know that help is on the way. Then you'll be around to help again someday.

Lepper · 08-13-2002, 06:09 PM

This is an interesting subject.. I know as an EMT, I love the good samaritan act... and also in the medical profession once you start administering aid you can't stop.

I don't see that working for boating... the boat sank, but you started so you couldn't stop towing it in..... that would be an interesting one for the insurance people.....

But I agree with Pilar, call the coast Guard it is there job.

08-13-2002, 06:12 PM

Pilar,
I have some of that USCG pusher rope that I told you about in Newport that you can keep on Pilar for when you need to push someone back to port. :grin:

Stoyjun Princess · 08-20-2002, 07:33 PM

The distressed Captain came over to our camp site to find us after this happened. He wanted us to know how thankfull he was that we tried to help him. He also paid for the broken window on our boat, and wanted to take us out to dinner. The Coast Guard was great, they thanked us and told us they were glad to see we stopped to help the distressed boater. Just staying with the distressed boat until the CG came helped calmed down the Captain. His girl friend had been waiting for him for 2 hours at the dock. She knew something was wrong and she was in tears when we all arrived. We did learn something watching the Coast Guard throw the line to the boater. They stayed at least 20 feet from the boat as they threw the line to him.

Mojo · 08-20-2002, 08:21 PM

Good call Stoyjun Princess. The farther you can get (and still make the throw) the better off you are. Thanks for having the integrity and desire to help another boater.

I live by the "There but by the grace of God go I " philosophy. I never pass someone in distress, be it a boat or car.