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Opinion

EDITORIAL - Blame lies with the owner

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They were not really debating face to face. They were in fact interviewed separately. But the argument was the same: Who should be blamed for the sinking of a pumpboat off Cordova during the last typhoon — the owner or the passengers.

According to the owner, he did not want to sail because of the typhoon, and cited the storm warning signal raised at the time that bars boats such as his from sailing. He claims he eventually went ahead and sailed because the passengers insisted.

The passengers admitted they wanted to sail, for one pressing reason or another, like catching a flight for some vacation or whatever, but just as strongly insisted that had the owner not decided to sail, there was nothing they could have done about it.

We have met the same or similar arguments before and yet they seem to remain as fresh as the next tragedy that happens because people just never learn, especially the very people who truly must exercise the responsibility — and bear the blame — if they don't.

By this we mean that, after all has been said and done, the final responsibility still remains with the boat owner or operator. Short of pulling a gun to his head or a knife to his neck, he should remain in command of his boat and the decision to sail or not is his alone.

No matter how much money he may be enticed with, if he feels it is not prudent to sail under life-threatening conditions, nobody can force him to sail. It is his boat. Action dictated by prudence will ultimately absolve him of any contractual obligation.

But it is apparent that by going ahead and sailing, with no application of force or intimidation apparent or proven other than perhaps the lure of earnings, the blame for the sinking lies squarely on the shoulders of the owner.

His tragedy may be doubled in that, having lost his boat, or at least damaged it, he must also bear the consequences of his lack of prudence and responsibility. The Coast Guard is left with no other choice than to pursue a case against him for his criminal negligence.

vuukle comment

AHEAD

APPARENT

BEAR

BOAT

COAST GUARD

CORDOVA

MDASH

OWNER

PASSENGERS

RESPONSIBILITY

SAIL

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