very sad. sunken hatteras

[SKYCHENEY]

He wrecked the boat by running it aground. He was too drunk to operate it. Why should the cops be responsible for his drunken mistakes?

Could they have saved it? Maybe. Should they have done so? Why?

It's private property and not subject to their control. If they had he'd be suing for damages done during the salvage. It's a no win situation.

If he were not arrested, he could have taken steps to have the boat salvaged. I'm not saying that he would have but he would have at least had the opportunity to do so. Once he was in custody, his ability to remedy the situation was greatly reduced and the authorities should have helped him to take action. I'm not saying they needed to do it, but they should have at least given him a chance to do the right thing. Although based on what we know about this guy, the outcome probably would have been the same.

[Boatsb]

from the pics in the papers he was out before it turned but was in no rush to get it towed.

I dont see how a municipality can be responsible for someones property who is arrested unless it is seized.

[bigbill]

i agree with mr smith, the authorities should have done something to secure it after his arrest. scott, if you get drunk and wreck your car, the police have it towed to a storage yard and hold it until you or your insurance company settles with the storage yard. i am by no means on this guys side but i feel the law should have done something to secure the boat.

[SKYCHENEY]

Hard to believe some salvage company wasn't all over this anyway. I'm no specialist on Admiralty law but if they see a vessel in peril, can't they just act to save it. Then the owner or insurance company has to pay to get it back. OR am I way off on that?

[Boatsb]

I'm not sure they always tow cars from dui arrests.

I bet if it's not in the way it can be left behind.


My point is why would the municipality be responsible for the vessels safety?

[rsmith]

First there was a public safety issue as the boat was in imminent danger. Second even though we've convicted this guy without a trial once he he is still innocent until proven guilty. Once he was detained and unable to protect his own property the responsibility should fall on the arresting authorities.
Let's say your cruising down the inter coastal haven't had a drink in 20 years. You drift out of the channel and run up in the mud. John law comes along sees your liquor cabinet and busts you for open containers. (Don't laugh I know someone it happened to) they take you off the boat in handcuffs leaving the boat on the bar to get pounded to crap by passing boats. After you pass sobriety tests your found innocent but your boat is destroyed is that fair or reasonable?

[Walter P]

Good example rsmith, but I don't think open container laws apply to yachts which are in many cases people's homes. I may be wrong but it sure would be nice to verify.

Walt

[Boatsb]

I'm not disagreeing they could have saved it or minimzed the damage but I don't think they take custody and responsibility when they arrest him.

Theres too much litigation already. He put the boat in harms way.

[tom5518]

I'm not sure they always tow cars from dui arrests.

I bet if it's not in the way it can be left behind.


My point is why would the municipality be responsible for the vessels safety?

They always tow the car. One reason is it is revenue to get it out of impound. The other reason is to secure it and ensure it is safe. There may be a few exceptions but they are rare.

What would be interesting to know is what the legal precedent is for a case like this. That is what likely will determine the direction this lawsuit takes.

[rsmith]

Good example rsmith, but I don't think open container laws apply to yachts which are in many cases people's homes. I may be wrong but it sure would be nice to verify.

Walt

The problem with boats are that you don't have the same rights as you do in your home. My neighbor was stopped for failure to slow in time for a manatee zone. I told him he needed to be at idle speed when he reached the sign but his rational was that he should slow when he reached the sign. He learned the hard way. His wife and guests were drinking mojitos on the back deck. Even tough he wasn't drinking the officer claimed to smell "alcohol " on him. I believe their could have been an attitude problem on both sides. Since they can't do a breathalyzer on the water he was "detained" and transported to the sheriffs office where he passed. The boat was towed by a commercial tower ( he got the bill) naturally they found a # of violations defective horn holding tank valve not locked and the craziest one was his wife had a bag of fish filets marinating in the fridge. In Fla your not allowed to clean your catch offshore because John law needs to be able to check size type and length if your stopped. Guess what she bought them at Publix. Yeah like WTF???