CEO threatens to sue us.

[badman2]

What is the name of your state (only U.S. law)? California
I posted a story of an anchor windlass failing on our vessel and stated that people could possibly get hurt from the failure of the product. These products are extremely important to keep your vessel anchored safely, and if anyone else had the failure we had the vessel could end up somewhere you never would like to be. Well, the CEO is now threatening my vessels owner for my posting the possibilities of someone getting injured or dying from the anchor windlass failing. Is this possible? I am a professional captain and our windlass motor and drive fell into our chain locker and our windlass went into freespool! I think it is my professional obligation to notify people that this windlass could fail badly. Please help me out here!

 

[Willlyjo]

What is the name of your state (only U.S. law)? California
I posted a story of an anchor windlass failing on our vessel and stated that people could possibly get hurt from the failure of the product. These products are extremely important to keep your vessel anchored safely, and if anyone else had the failure we had the vessel could end up somewhere you never would like to be. Well, the CEO is now threatening my vessels owner for my posting the possibilities of someone getting injured or dying from the anchor windlass failing. Is this possible? I am a professional captain and our windlass motor and drive fell into our chain locker and our windlass went into freespool! I think it is my professional obligation to notify people that this windlass could fail badly. Please help me out here!

I don't see how you could possibly be successfully sued for reporting a safety hazard! If this is all you are worrying about, you are worrying needlessly!

 

[badman2]

I don't see how you could possibly be successfully sued for reporting a safety hazard! If this is all you are worrying about, you are worrying needlessly!

The CEO of this French company/manufacturer of our windlass called my boss directly and was threatening a lawsuit for my post! Pretty crazy stuff going on, but just wanted a professional legal person to assure me that this is lunacy!

 

[divona2000]

...just wanted a professional legal person to assure me that this is lunacy!

Please keep in mind that the people replying to your post, are, for the most part, not professional legal people, but volunteers who try to answer posted questions from their knowledge and experience...and sometimes from thin air.

 

[Willlyjo]

The CEO of this French company/manufacturer of our windlass called my boss directly and was threatening a lawsuit for my post! Pretty crazy stuff going on, but just wanted a professional legal person to assure me that this is lunacy!

Trust me...based on common sense and the fact you cannot be successfully sued for bringing up a safety hazard anywhere at anytime, it IS sheer lunacy if your CEO thinks he can sue you successfully!

 

[sandyclaus]

What is the name of your state (only U.S. law)? California
I posted a story of an anchor windlass failing on our vessel and stated that people could possibly get hurt from the failure of the product. These products are extremely important to keep your vessel anchored safely, and if anyone else had the failure we had the vessel could end up somewhere you never would like to be. Well, the CEO is now threatening my vessels owner for my posting the possibilities of someone getting injured or dying from the anchor windlass failing. Is this possible? I am a professional captain and our windlass motor and drive fell into our chain locker and our windlass went into freespool! I think it is my professional obligation to notify people that this windlass could fail badly. Please help me out here!

The TRUTH is that unless you have solid proof that this company caused the problem that resulted in the anchor windlass failing on your vessel, then anything you say can be considered defamatory. If you are defaming the company, and they have measurable damages from your false statements, then they most certain can sue you for it.

What proof do you have that the company is at fault? Is there any possibility of some other cause of the windlass failure other than a manufacturing issue? Did you even attempt to contact the company directly to discuss your issue before plastering warnings all over about this alleged safety issue?

Unless you have something to back up your claims, you could be in serious trouble.

 

[Willlyjo]

The TRUTH is that unless you have solid proof that this company caused the problem that resulted in the anchor windlass failing on your vessel, then anything you say can be considered defamatory. If you are defaming the company, and they have measurable damages from your false statements, then they most certain can sue you for it.

What proof do you have that the company is at fault? Is there any possibility of some other cause of the windlass failure other than a manufacturing issue? Did you even attempt to contact the company directly to discuss your issue before plastering warnings all over about this alleged safety issue?

Unless you have something to back up your claims, you could be in serious trouble.

It is obvious the OP is pretty proficient in regard to the operations of the vessel he was Captain of. From what was posted here, the OP never pointed the finger at anyone in particular--he merely pointed out the failure of a product. I'm sure he could define whether the failure was a result of those who installed the product as opposed to the product itself being defective. I don't believe he would just flat out report such a problem without having proof that the product was defective.

It appears to me the OP can very well back up his claim and therefore, as captain of the vessel, he is well within his rights and obligations to report such an issue that can possibly endanger the public safety of its passengers (and crew for that matter)! No successful lawsuit here--not even close!