Who is the more irresposible person here, the one with no health insurance is right up there...

This can and probably will happen to many skippers, regardless of boat condition. You might want to have your crew sign a "Libiltiy release" if you are concerned. Even if your crew is your "best friend" or even your brother, and you KNOW he would never sue you, what if he dies in some freak accident (hits power lines while raising your mast while you are in the men's room) and then his wife sues you?

And what about car wrecks? This happens all the time, where the driver lives but a passenger (or two) is killed. Remember Hulk Hogan's kid who crashed while street racing his car and maimed his passenger? He went to jail AND is being sued.