Good Samaritan Law (marine version)

[sfef84]

In light of GSB's post on a stranded boating party I got to thinking...

I have heard that by law, if you see boaters in need you must help them.

Is there an actual law?

If one were sitting stranded and made every attempt to get a passerby's attention and they zoomed by, could there be legal implications?

[Trainwreck]

I'm pretty sure it is an actual law but I think you just have to take them to shore. On the second question I think it would be hard to prove that they saw the stranded person. It would be your word against theirs.

[FlatoutFishin]

I think and I might be wrong...you must stop and inquire whether there is an immediate danger to anyone. You don't necessarily have to tow, or take to a dock. Anything else above that and it's just because you're a good person!
Now if they have a cell phone/radio or you do, all that is required is a call can be made to seek help. Some people don't like towing because then they become liable for that persons boat.

[Hogie70]

Well said Monte...

[plugger]

I think and I might be wrong...you must stop and inquire whether there is an immediate danger to anyone. You don't necessarily have to tow, or take to a dock. Anything else above that and it's just because you're a good person!
Now if they have a cell phone/radio or you do, all that is required is a call can be made to seek help. Some people don't like towing because then they become liable for that persons boat.

Good to know....thanks .

[JT]

I doubt there is any law that requires you to do anything if you werent involved in some sort of accident w/ the standed party; just like theres no law requiring you to do anything or assist a stranded or hurt motorist if you werent involved.

[TRP150]

Good samaritan law

I think we as sportsman no what's right and what's wrong. If I come by you and you r broke down I will tow you in if you come by me and i'm broke down please tow me in

[Swells]

Well there are two laws, or perhaps more like maritime traditions, the first being that you cannot put yourself and any crew in harm's way. The second one is that are obliged to attempt to rescue the crew of a vessel if they are in immanent danger, as reasonable as possible without putting yourself and any crew in any obvious danger.

Nothing about the boat, just the crew. In fact, the US Coast Guard is not in the boat rescue business anymore, just saving people.

By the way, all boat towing companies have ... you guessed it, towing insurance. You do not, so be careful. But there ain't nothing like getting a tow into port by a Good Samaritan ... I've been there ... and this is Texas!
sammie

[boom]

Legal implications???? There should be legal implications for someone taking off in a boat that is out of fuel. I'm sorry, but if you run out of fuel, it is not reasonable to expect me to spend my day towing your dumbarse around. I'm not going to leave someone on a sinking boat or in harms way, but if you endanger your crew's lives by not checking and or repairing the safety devices on your boat, then in my opinon, you are negligent.
How about we as operators take some responsibility for getting ourselves back safely and use the emergency services when they are truly needed.

[WestEndAngler]

Legal implications???? There should be legal implications for someone taking off in a boat that is out of fuel. I'm sorry, but if you run out of fuel, it is not reasonable to expect me to spend my day towing your dumbarse around. I'm not going to leave someone on a sinking boat or in harms way, but if you endanger your crew's lives by not checking and or repairing the safety devices on your boat, then in my opinon, you are negligent.
How about we as operators take some responsibility for getting ourselves back safely and use the emergency services when they are truly needed.

They were at Greens & Intercoastal I believe... would take 30 min to get them back to Harborwalk ramp, where do you get all day from?

What if you have plenty of gas like Ibtsoom did this past weekend and his pickup failed and starved the engine of fuel? Was he negligent for not checking his fuel delivery system from Pt. A to Pt. B?

All that being said and what Jeff posted above is true, but there are circumstances that come up that have a lot of gray area and that's when morals & values come into play. Will you stop for someone waiving or pretend you didn't see them and continue motoring past? It all boils down to ethics! Is your day on the water more important than another person's safety / peace of mind etc...

I expect this will be a highly debated subject Ethics always are. What is morally right or wrong... Regardless of what your legally obligated to do... What should you do...

A little food for thought.

Coe-

[Swells]

Legal implications???? There should be legal implications for someone taking off in a boat that is out of fuel.

You don't know if they poor fellow on a boat is a dumbarse or not, and things do happen at sea to the best of us. Your duty is to simply see if the crew is OK. You can leave that bathtub out in the Gulf for all the law cares. There is no obligation to give somebody a tow into port.

Then why the heck do we tow people sometimes? Perhaps it's because bad luck could happen to you, too. It usually has nothing to do with running out of fuel.

[boom]

I wasn't calling the guy that had tank problems a dumbarse, but if you have spent any time on the water then you know what I am talking about. How about the cry for help on 2cool at 2am the other night? Out of fuel on Lake Conroe, please come get me. Heck, has anyone read all of the threatening approach threads? How do I know if you are stranded or pizzed that I am cutting off your drift? Heck, for all I know it might be Kenny throwing his arms up that I just ruined his fishing.
Swells.... here is a hint.... if the guys are on a spoil bank they aren't in immediate peril are they? Now I just have to ask, why didn't the guys stranded on the spoil bank have flares?
You guys try to make it across w bay on a weekend without someone throwing up their arms at you. Then pull up on them and ask if they are ok. Let us know how that works out for ya.

[Robalo]

I picked up a family with an 8 & 10 y.o w/o life vests, boat was taking water over the stern, batteries were dead and they were adrift because they had a 3# mushroom anchor for a 19' bowrider and it was dark. I towed a jonboat in that had run outta gas, I towed some guys from Chocolate to Sea isle during a tournament I was in because they ran outta gas and a barge was bearing down on them.

If being an idiot was a fine-able offense, everyone of us would have been fined at one time or another. I been towed at least 5 times-once from S. Jetty (main drive shaft on outboard snapped), Pelican to the Dike (the guy made me swim onto rocks to my car to get my jumper cables because battery was dead-I dint complain and was happy to swim onto those barnacle encrusted rocks). Been on empty and run out, had kill switch break and was dead in water and a waterspout came within 200 yards and was gonna jump and swim for it.

WE gotta help others and we have to respect the sea, other fishermen and even idiots. If ya don't, you are no better than scum floating on the water-you never know-you may save someone's life someday or someone may save yours, so just don't ignore someone waving-stop and render aid.

As far as "someone" waving at ya, shoot, you oughta be able to distinguish from someone casting versus someone asking for aid and if you're wrong and they make an issue after ya say "Whoops, I thought ya needed some help and were broken down" then say, look, I was coming over because I was gonna help and then leave slowly-you don't have to lower yourself to their level, especially when "coming to their aid" or so you thought. Likely they'll wake up and say later "gee, I was an azzhole to those folks-they were only trying to help."


BTW, flares are required in the GOM, not in the bays. VHF radios are unanswered on Lake Cornroe-been there-someone drowned at the ramp area off FM 830 and I pulled up while some idiots thought flooring and doing circles may "raise" the body-I called Channel 16-no answer.

[Swells]

Swells.... here is a hint.... if the guys are on a spoil bank they aren't in immediate peril are they? Now I just have to ask, why didn't the guys stranded on the spoil bank have flares?

Well of course you have a point, I wasn't messing with you in the least.

But being on the sandbar, LOL, if you haven't done that 4-5 times in your life, well you just ain't livin' right, at least down here in the skinny water by SPI. My brother and I came in from 25 miles one day and got to fooling with the XM tunes and washing down and PBBBBLLLLTTT, that sickening feeling of getting stuck in black sandy mud.

No need for flares, sir, and we had about 50 beers on board because it was too rough to drink offshore. We knew the drill, just set there on the tide, and call the old ladies. We were about across from Louie's, a huge bar down this way, raising hail and having the time of our lives, covered in black snot from trying to back off the spoil bank with the props up. The crowd cheered when we done that a couple times. I done went in the water but sunk up to my waist in black gumbo goo and when I hauled myself out, it sucked off my britches and I was nekkid as a jaybird (more applause). Had to grabble my shorts out of the muck before the LEOs showed up! Got a standing ovation when the tide come in, too! We was off the hump again, lookin' like the Creature of the Black Lagoon, couldn't even tell it was a yellow boat. True story. Lordy, our wives were fit to be tied they laughed so hard.
-sammie

[JT]

traditions dont mean its a law; but ill always stop and help out someone waving at me..

just last week these people were waving at me off of a bote; and i felt it morally right (civic duty, traditons etc..) to go help them and forget about my fishing trip for that day.