In the state of California, do you have to tow in a stranded boat or just report it?

Question

I am writing an essay about selfless acts. My family and I are avid lake rats. My selfless act is the fact that when a vessel is stranded we always tow them in, however, is it the law or just a kind thing to do? Thanks.

Answer 1

Many jurisdictions have a "Good Samaritan" act. I'm not sure if California has one passed as law. In general, they usually go something like this:

1/ Your attempt to help or rescue someone must NOT make the situation worse. If it does, in many jurisdictions you can actually be held liable and sued.

2/ Your boat skipper can't endanger the lives of his own crew/ passengers in any rescue attempt. If he does...he can be sued, by his own crew/ passengers.

3/ Although a selfless act like towing another vessel in or rescuing someone is great...it has it's pitfalls too. Once you engage in helping someone in a predicament, there comes a point in law, where you are responsible for the entire outcome...good or bad. Even a simple tow, in this case, can turn ugly if the other boat swamps under tow and an occupant is injured or killed. The skipper of the towing vessel can be held liable for it, even if the boat under tow was sinking, let alone just an engine failure.

In the long run, you actually CAN'T be held liable for being a bystander and not helping, especially true if it involves any danger to yourself, crew or vessel.

Here's actually a good case for you. It involves the Coast Guard in California and points to some legal precedent in both Admiralty Law as well as State Law.

http://www.usdoj.gov/osg/briefs/1999/0re...

One last note. Someone has indicated in their answer that the vessel in trouble could have a salvage claim against it. if it were towed. Not so. In order for that to occur, the vessel must be abandoned, by both the vessel owner/skipper as well as the insurance company giving the go ahead or writing off the vessel and it's contents as a loss. Only then can a salvor lay a line on it with the intent of charging a fee or considering the vessel as "finders keepers".

Answer 2

Several years ago while on a sportfishing boat heading from Oxnard down towards Malibu, we came upon 3 guys in a 14 foot boat, out of gas, no anchor, no radio, no life jackets, and drifting aimlessly in the fog. They had freshwater fishing tackle, and not a clue. They'd been drifting for hours, and had moved at least 8 miles.

Our skipper called the coast guard, and was told to give them life jackets and keep them in sight until the rescue boat showed up, so we tossed them a rope and tied them off to the rail, and we waited a couple of hours. The skipper said he expressly did NOT want to tow them anywhere because of the liability issue. The coast guard finally showed up and took care of the situation. I don't know if the sportfishing boat ever got the life jackets back.

Those guys were very lucky -- the boat I was on was the ONLY boat in the area that day; it only ran that far north a couple of times a year, and we only had about 100 yard visibility in the fog. If we weren't there, they might never have been found.

I don't know what the law is, but common sense dictates you keep the stranded vessel in sight until the rescue boat arrives. In the ocean, flipping a boat you're towing is a real possibility (due to the bigger waves). But I've heard that people in such situations generally want a "free" tow back to the harbor, since the Coast Guard will charge for tows (especially for bonehead things like running out of gas). So it's a nice thing to do. On the other hand, the charge for the rescue might get people to think twice before going out and being stupid.

(It's different on a lake -- in a couple of hours, a stranded boat will hit shore somewhere.)

Answer 3

In the long run, you actually CAN'T be held liable for being a bystander and not helping, especially true if it involves any danger to yourself, crew or vessel.

Here's actually a good case for you. It involves the Coast Guard in California and points to some legal precedent in both Admiralty Law as well as State Law.

Answer 4

It is a tradition of the sea that mariners assist each other.  This tradition is also reflected in sailboat racing rules, where the racers are supposed to help each other in distress.

In California, you are not legally required to help someone else, but, of course, you are a jerk if you can and don't.  I believe under Federal Maritime Law, assistance is required under some circumstances.

As you consider the selflessness of rescue, consider that a "rescuer" may have a salvage claim against the rescued vessel, even for just a tow.  Boaters are often advised to, for example, use their own line when getting towed as this is seen as reducing the amount of a possible salvage claim.

For a simple tow, the claim would likely be a few hundred dollars rather than the amount of the boat's value.  I have never seen this claim made between normal people!