SRS almost died this weekend

Discussion in 'On Topic' started by c0ldf1ame, Jul 6, 2005.

  1. c0ldf1ame

    c0ldf1ame New Member

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    here the link i posted in the great outdoors

    http://forums.offtopic.com/showthread.php?t=1891068

    anyways i fell off a boat under the golden gate bridge and had to be treated for hypothermia.

    I was wondering, since the boat/cruise did not have a disclaimer of any kind, its their responsibility right?

    I have a friend who was on board with me that got extremely sick from the shock.

    so i was wondering what kind of claims can i make in this situation.

    Thanks OT
     
  2. Killuminati

    Killuminati New Member

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    Your going to sue?? It sounded like a freak accident to me the captain told you about the waves coming. You were on a boat things like that happen. That is what is wrong with the world/ U.S. everyone trying to bring lawsuits on everything. Aside from all that I do feel for you man, and I hope you make a full recovery. And I hope your not too shaken up.
     
  3. RyeBread

    RyeBread If you tell the truth you don't have to remember a

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    :slap: life doesn't have a disclaimer. yet we all die.

    you fell off a boat, one could argue that you saw the pending impact, and were even warned about it but you didn't take the proper precautions, and thus endangered many by them having to turn around and rescue you...

    it's all about perspective, and how one spins it...

    you survived a trauma - be thankful, and grateful, move along. we have enough people trying to get rich quick (and only the attornies actually getting rich)
     
  4. c0ldf1ame

    c0ldf1ame New Member

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    cool, im not really thinking about sueing, but i did lose a bunch of stuff n so did my friends, so i would just like these to be compensated for and im just hoping the owner would be cooperative
     
  5. johan

    johan Active Member

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    The boat owner has to take reasonable precautions like railings, etc.
    Reasonable precautions. That doesn't preclude accidents or idiocy or suicide.

    But hell, if you want, go talk to a lawyer. You'll probably pay some money to the lawyer, and end up with nothing from the boat owner.
     
  6. martini

    martini Orgasm Donor

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    "resonable precautions" would be providing all passengers with live vests.
     
  7. AstroGirl

    AstroGirl If I don't respond it's because I have severe ADD

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    Her mosa? ITS MY MOSA!!!
    Well, how did you fall off. Why did you fall off?

    ie. were you sitting in one of the designated sitting areas with your life vest and the biat all the sudden chucked you in. or were you rough housing wth friends and someone pushed you off. was the walkway slippery and you slipped and fell over, etc.

    And did you get hurt? Do you have any sprains/ broken bones? You siad your friend got sick. Is that from being out on the bay all day, or from the water, or is it just allergies? ect. Has he gone to a doctor and gotten any prescriptions for this? Has it been documented in the doctors chart notes? Was there a cost incurred for his treatment? Was there an ambulance involved? etc.

    Just a few questions to see if there is really any damage done.
     
  8. c0ldf1ame

    c0ldf1ame New Member

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    I was standing on the front of the boat with my friends as we were coming back from passing under the golden gate bridge. The captain announced a big wave coming and warned us that we would get wet. I was standing by the railing holding on the railing. The wave swept onboard and i lost my balance. Then the ship dipped after the crest of the wave, and the sudden jerk from the dip sent me off balance and i flipped over the railing.

    As far as anyone getting hurt, i just pulled a leg and arm muscle, but nothing to cry over. My friend was soaked by the wave and she was knocked over but fell inside the boat, thank god for that. She was suffering from a 90+ degree fever 2 days ago and yesterday had completely lost her voice.

    An amublance was called for me, the doctors treated me for exposure to hyperthermia.

    I have already talked to the boat owner about the issue, and its pretty much resolved i think, he agreed to compensate for my ambulance fee and some other stuff. I was just curious to what would happen if me or my parents had chose to sue.

    The captain did state that this was the first case of someone going overboard in 15 years of the ships operation. And the owner also said they're thinking of changing the ways the cruise is operated, like asking the passengers to stay back from the front of the ship while going through areas with bigger waves.
     
  9. Ichabod Crane

    Ichabod Crane Active Member

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    :rolleyes:
     
  10. johan

    johan Active Member

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    I don't think it's considered reasonable or normal to have all passengers wearing life vests on a cruise type of ship. When was the last time you wore a life jacket on a cruise or a ferry?

    Better yet, let's cancel all cruises and ferries. Stay indoors.

    The idea behind liability is that your safety is not guaranteed 100%. If the owner took reasonable precautions, was operating the vessel in a normal, typical manner, then he's ok. He wasn't being negligent if a freak wave, or lightning hit you or terrorists detonated a bomb, etc etc.

    Filing a lawsuit against him implies negligence on his part. If he wasn't negligent...well...it's your money. I'm sure you can hire a lawyer to explain this; the lawyer gets paid either way...
     
  11. c0ldf1ame

    c0ldf1ame New Member

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    wasnt a cruise, its a smaller vessel called a catamaran, consists of two floating vessles bound together in the middle with netting and is powered by a sail. This particular one could fit up to 48 people max. If i fell off a ferry with over 100 people i would have died for sure since it'll take a while for people to notice anyone missing.
     
  12. AstroGirl

    AstroGirl If I don't respond it's because I have severe ADD

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    Well he did warn you of the wave, and you failed to go to the middle of the boat. Or back far away from the railing. Therefore IMO you were the negligent one. If you did choose to sue though you would get reimbursed for your medical expenses/ time lost from work (if any)/ and maybe a few grand for pain and suffering. Not worth it if you ask me. And it would be a hard case to plea, because you would have to prove the negligence of the capitan. I would say take the money he gave you for the ambulance bill and call it a day.
     
  13. c0ldf1ame

    c0ldf1ame New Member

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    thats exactly what im thinking. thanks =)
     

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