Captain unfamiliar with safety equipment
While I agree that this society is far too litigious and people should take responsibility for their actions, I'm going to play devil's advocate here. For me, one item in the article that really caught my attention was the fact that the captain at the helm was unfamiliar with a vital piece of safety equipment, namely the MOB button. If I were the plaintiff's attorney, I would hammer that little fact home hard. Why would you put someone who is unfamiliar with a piece of safety equipment that he will be responsible for at the helm on a nighttime cruise in very rough weather?
I feel badly for everyone involved.
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