Observer
Well-Known Member
There is no addition of mine to the story, there is no denial from her .... the enquiry cannot be likened in any way to Ouzo - as we have both parties still alive and able to give evidence. She f*****-up, pure and simple. The OOW needs to be hauled over the coals for his mishandling of the appraisal and actions taken. But she has to answer for NOT taking any action when situation was developing into a collision incident.
On reflection, I agree that there was a certain failure of 'good seamanship' on both sides. In fact, when I was drafting that post, that's what I wrote, before changing it to "certainly"/"probably". I did that for the perhaps-not-good-enough reason that I am have some sympathy for Jessica Watson because, as a matter of fact, she was 'stand on' and she is an amateur [see edit] whereas the ship, as a matter of fact, was 'give way' and its watch keeper is a professional. However, that sympathy doesn't get her off the hook of carrying a significant degree of responsibility.
Regarding the "200% sum of responsibilities" point I made, if the purpose is to establish liability for damages, then I agree it doesn't work. I see it as an alternative way of thinking about the underlying collison avoidance responsibility that avoids what I think is the 'see saw' trap in seeing responsibility as "either/or" and not "either or both".
[edit] and, I should have mentioned, single-handed and having to juggle sleep/watch keeping[/edit]
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