Andrew you are going apples to oranges here.
It is true i brought in an example "off the water" ... but just as Hobie1616's earlier post exemplifies... (
http://forums.sailinganarchy.com/index.php?showtopic=72984)
"the prosecutors, colleagues of Perdock's, are claiming that Thornton's death was Dinius' fault because, although he was not the skipper of the boat, he was at the helmsman's position ..."
And this is all based on opinion... i could be wrong, as i am not a lawyer, and even if i was, lawyers argue (all day long) the exact meaning of the laws