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Date: | Fri, 25 Jan 2002 01:17:05 -0500 |
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John Nitrox wrote:
> I would think that the captain was the most responsible party, and it
doesn't seem just that
> his punishment would only be either a year's unpaid vacation or
non-captaining
> duties. Rather, it seems that in times past, culpability wasn't
necessarily associated with
> money.
I'm not entirely sure who gets credit for what in state or federal waters.
I suppose the captain is ultimately responsible for everything that happens
aboard a dive boat. On most trips I've taken, however, it does not seem
reasonable to blame him for it all. In most cases, the captain has been
doing what captains on such boats do, driving. It's always been a mate's
responsibility to get people in and out of the water, check to make sure all
are present and accounted for prior to moving to the next site and
generally, to keep the captain informed about what is what everyplace on the
boat except the bridge. From a personal perspective, it would seem to me
that the mate would most likely be responsible even if legal liability
accrues to the captain.
Unfortunately, logic and law aren't synonymous. Still, those of us who are
charged with enforcing law usually try to apply some element of fairness to
the task.
Lee
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