Re: [Paddlewise] Israeli kayakers rescued in Alaska (USCG video)

From: Joshua Teitelbaum <teitelba_at_post.tau.ac.il>
Date: Tue, 4 Aug 2009 09:48:09 +0300
Dave and Craig:

Okay, then do I understand correctly? Basically, a ship must come to  
the rescue if it can do so safely, but it can legally demand  
compensation if it so desires. If it does not demand compensation, it  
is a "good samaritan" type of rescue.  It it does, it is a salvage  
operation.  Must they make such a choice and then inform the USCG?

Josh


On 3 Aug 2009, at 21:12, Craig Jungers wrote:

> On Mon, Aug 3, 2009 at 9:35 AM, Dave Kruger <kdruger_at_pacifier.com>  
> wrote:
>
>>
>>
>>> BTW, this was referred to by the USCG as a "Good Samaritan"  
>>> vessel. Is
>>> this a certain legal status of a vessel coming to the rescue, or  
>>> does it
>>> simply mean that a crew of good will has decided to lend a helping  
>>> hand.
>>>
>>
>> Josh, that term simply refers to the vessel's role in the rescue:  no
>> reimbursement is expected or asked for.
>
>
> The difference between "rescue" and "salvage" is an interesting one;  
> and
> strewn with pitfalls. If the fishing vessel took the kayaks and the  
> paddlers
> aboard it would probably be, legally speaking, a salvage operation  
> instead
> of a straight rescue. The difference depends on the details. The  
> fishing
> boat will almost certainly be out significant money unless they were  
> at the
> end of their trip and headed back to offload fish and refuel and  
> only had to
> detour a few miles to effect the rescue. I agree with Dave to cut  
> them a
> check for $2k and call it good. They could probably legally impound  
> the
> kayaks if they wanted.
>
> Craig Jungers
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Received on Mon Aug 03 2009 - 23:48:18 PDT

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