USCG May Forcibly Evacuate Vessel in Distress

Wednesday, December 03, 2003
The U.S. Court of Appeals for the First Circuit ruled that the U.S. Coast Guard may order the forcible evacuation of a vessel in distress when lives are in danger. In the instant case, the master of a fishing vessel taking on water called the Coast Guard for assistance. Coast Guard personnel and pumps were insufficient to prevent the vessel from taking on more water and listing significantly. Eventually, the USCG on-scene coordinator directed all persons on the fishing vessel, including the master, to abandon ship, as he feared the vessel was about to sink suddenly. When the master objected, the USCG officer advised the master that he would be subdued physically if necessary in order to take him off the vessel. The fishing vessel sank 55 minutes after it was abandoned. The owner sued the Coast Guard for loss of the vessel. Over a strong dissent, the court held that the USCG decision to require that the vessel be evacuated when lives were at risk was protected by the discretionary function exception and that the federal government was immune from liability on that basis, even if the decision to order the evacuation was negligent. Thames Shipyard and Repair Co. v. United States, No. 02-1619 (1st Cir., November 26, 2003). Dissenting Opinion. Source: HK Law
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Cause of S.Korea Ferry Businessman's Death Remains Unknown

Yoo's body too badly decomposed to determine cause of death; mystery surrounding final days of de-factor owner of doomed ferry deepens. Yoo's son arrested in latest capture of family members.

House Subcommittee Hearing Highlights “Dismal State” of U.S. Icebreaking Capability

At the July 23, 2014, hearing of the House Subcommittee on Coast Guard and Maritime Transportation on “Implementing U.S. Policy in the Arctic” the committee chairman, Rep.

Iraqi Kurdish Oil Nears US Port Despite Concern in Washington

A tanker carrying crude oil from Iraqi Kurdistan is just one day away from arriving at a U.S. port, according to ship tracking satellites, despite Washington's

 
 
Maritime Careers / Shipboard Positions Naval Architecture Offshore Oil Pod Propulsion Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0898 sec (11 req/sec)