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To: RightWhale; Ramius
"From a legal standpoint, which boat is responsible?"

Ramius probably knows the answer to that one.

I do know that a boat operator is always responsible for damage done by his wake, but who knows what went on in this case that we don't know yet?

Ramius, do you have to have a USCG Master's license to run a tour boat on Lake George? I think it used to be called Inland Operator?

All the boat crews were professionals, it seems.

83 posted on 10/02/2005 2:45:52 PM PDT by Sam Cree (absolute reality - Miami)
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To: Sam Cree

The Ethan Allan and the Mohican cross paths constantly.


The Minnie HAHA steamboat is also owned by the Mohican people and I'm telling you safty is a huge concern and has always been.

I have no idea what went wrong but this is just tragic.


87 posted on 10/02/2005 2:50:59 PM PDT by alisasny (Liberal UTOPIA rains down in New Orleans Way to go)
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To: Sam Cree; RightWhale; tgslTakoma; HairOfTheDog
"From a legal standpoint, which boat is responsible?"

Hard to say, from the available information. About licenses: Yes, any vessel carrying passengers for hire requires a license. The 6-pack license for up to 6 passengers, and either a Limited Master for various tonnages up to 100 tons or Unlimited Master beyond that. I'm not familiar with the 'inland operator' license... but I wasn't inland, so I dunno. With regard to wake damage... yes, a skipper is generally responsible for damage caused by his wake. I think, however it is usually construed to mean damage to materiel and persons on shore or moored, not so much to other vessels that are also underway. In that case, the skipper of the damaged vessel, who's underway, is also responisble for operation of his vessel given the exant conditions. There's a reasonableness standard here... If Mohican was operating at a normal and reasonable speed in common with other vessels of that type in that location... in other words... he's doing what he always does and what everybody else there does in that channel... then it is unlikely that there is any fault on the part of Mohican. In that case, the fault would be on Ethan Allen for not anticipating the known conditions in that area. But there's lots of information missing that needs to be known. If Mohican was operating recklessly or moving at a speed that was unreasonable for that location... then he's on the hook.

161 posted on 10/02/2005 5:45:37 PM PDT by Ramius (Buy blades for war fighters: freeper.the-hobbit-hole.net --> 800 knives and counting!)
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