A "Good Samaritan" Boater's Responsibility--What Is It?

Shortly after I published "Right Place at the Right Time" the other day, Jerry emailed me with a suggestion to do a follow-up article about the "requirement" to help distressed boaters.

That's right, folks--it isn't just a moral obligation to help out someone who's having problems on the water. Granted, that very well may be the thought pattern of a person who stops and renders assistance to another boater. However, as outlined in Federal Law 46 USC 2304, "A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board."

The "law of the sea," as it's commonly known, goes on to specify that those who fail to do so can be fined up to $1,000 and imprisoned up to two years. When a maritime law says "shall," it means must. In other words, you don't have a choice.

The term "at sea" doesn't always evoke the idea of rivers or coves where so much boating goes on--or does it? Centuries of practice would argue that they are part of the seas, and, in fact, the USCG Rules of Navigation (the COLREGS) embody, in Rule 1, the connectedness of our waters: "These rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels."

The Congress and Admiralty Courts have addressed this little "at sea" loophole via the Good Samaritan regulations. Federal Law 46 USC 2303(c) states that the master or individual involved in rendering assistance "is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable and prudent individual would have acted under the circumstances."

In legalese, this creates a high legal hurdle to prove a case against a Good Samaritan. The Admiralty Courts always have considered the chilling effect that a decision against a Good Samaritan would have upon centuries of lifesaving practice. Even if the Good Samaritan made the situation worse, the Court has only ruled against the "Good Sam" if he/she was grossly negligent or exhibited "reckless or wanton conduct" in attempting the rescue.

This doesn't mean that the rescuer even has to succeed--not all rescues do. The Court recognizes that, "under the bright light cast by hindsight," a rescuer might have done something differently, and, thus, outcomes might have been different.

"A rescue attempt must be considered in the light of the circumstances that faced the rescuers when they acted and not with the wisdom of an 'armchair admiral' after the fact." (Korpi v. the United States, 961 F. Supp. 1335)

The tough part for you--the skipper--is deciding whether he or she is "standing into danger" that is beyond the capabilities of the crew or the vessel. However, when you see some vessel alongside the rocks near an inlet, most skippers will try--and the courts will applaud you, even if you have to back away.

Most of the information for this article came from an item authored by Capt. Vincent Pica who, at the time, was district commodore for the First District Southern Region, U.S. Coast Guard Auxiliary.

For more information, check out this link: http://blog.boattrader.com/2014/02/10-tips-on-how-to-tow-a-disabled-boat.html.