To Help Or Not To Help--That's the Question

Running wakes like this, as a minimum, can be tricky, and at the worst, fatal.

I've seen some folks registering their concerns about all the other college-tournament boats that simply ran on past those two University of Florida teammates who got tossed out of their boat last weekend. I counted at least four boats in that parade of passers-by caught on video, and there may have been more. I decided to do a little online investigating and see if I could find out whether those concerns were warranted from a moral and/or legal standpoint.

Unfortunately, this same scene or a similar version may happen more times than one might think. For example, I found a case from this past summer where a fella was running to a boat dock he wanted to fish when he decided to stop and work his way to the dock. "As I worked toward the key spot," he said, "I noticed a pontoon boat a bit ahead on the other side of the channel."

The family/friends group on board appeared to be having engine trouble. "One of the older gentlemen was sitting on the front with a paddle, trying to move the boat to the other side," he explained. "It took me about three minutes to figure out I should stop fishing and see if they needed help. In the meantime, three or four boats went past on pad without a second look. I couldn't help wondering how many other boats had gone by before I got there."

When the fisherman motored over and asked if he could help, they responded, "Yes, thank you." A towing rig quickly was put together, and they started toward the dock a few miles away. During the tow, the pontoon boat's passengers kept working on the outboard and eventually got it to start.

Said the fisherman, "I was struck by how many folks went by, never bothering to slow down and see if they could help. Guess I shouldn't be surprised; yet, I'm constantly reminded how considerate and polite folks are down here in the South.

"Glad I helped and gave up some of my fishing time. Would hope someone would do the same for me in the event I needed it."

I found out just today (Saturday, Jan. 21, 2017) that my friend Jerry and his weekday fishing partner, Eddy, also experienced a similar incident in the summer of 2015. They were fishing the Northwest River, along the Virginia/North Carolina border, at the time.

Said Jerry, "We were having a very good day, fishing along the southern bank as we approached another bigger boat having engine problems on the north bank. The operator yelled and let us know that he needed help. We immediately headed toward him, hooked up, and started towing the much bigger vessel into Moyock Creek. Our destination was the Shingle Point ramp.

"About halfway into Moyock Creek, this boater, like the earlier one talked about here, was also able to get his engine to fire. We untied, but the boater asked us to follow him to the ramp--just in case. We obliged, and once the boater was at the ramp, Eddy and I went back to our spot and resumed fishing. Unfortunately, in the time it had taken us to help the distressed boater, the bite had quit. but Eddie and I didn't mind because we realized we, too, may one day need a tow.

These are the two college anglers who took a quick "exit left" last weekend.

Part of the problem, as I understand it, is the existence of what's called "The Common Law." While most of us would agree that you have a moral duty to help a person in need if possible, as a general rule, a bystander is under no obligation to come to the aid of another person in distress. Accordingly, a bystander who did not create the dangerous situation is not generally required to prevent injury to other people who happen to find themselves in the middle of it all.

Like most areas of the law, though, there are exceptions to this general rule. One of the important exceptions is when the bystander negligently created the dangerous situation. Then he/she has a legal duty to do something to prevent injury to others. If they fail to render assistance, they can be held legally responsible.

As a Coast Guard public affairs officer explained, "The main thing we emphasize to boaters on the water is 'prudent seamanship.' That means knowing what the limits are of your capabilities, your training, and your vessel. A boater who is capable of safely towing a busted watercraft should do so. If you have any doubts about your ability to render aid, don't. Towing a vessel, just like towing a car, can be a hazardous thing--more hazardous, even, because a boat doesn't have any brakes.

"As with any emergency, a boater's first instinct should be to call for help. If you see a boater get into trouble, summon authorities immediately, before trying to assist them."

Perhaps the most appropriate bottom line here is a remark I ran across during my research. This one guy said, "I let the Golden Rule be my rule in all matters--Do unto others as you would have them do unto you."