jhungary
MILITARY PROFESSIONAL
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Why is my definition wrong? Mine is from Duke.
https://sites.duke.edu/wlsa/files/2012/06/Besking-2013.pdf
Not following procedures is not the sole factor in negligence, but it is A MAJOR FACTOR in negligence. It is just common sense, there is a preset step of procedures to ensure safety and if you do not those steps in ensuring safety, aren't you negligent? Explain to me how is it not negligent when you don't follow safety procedures? If you are in a nuclear power plant like on an aircraft carrier, there are shutdown procedures for the turbines, aren't you supposed to follow those shutdown procedures to ensure safety? Aren't they negligent in their duties if they fail to follow those procedures? Do you understand what you are even talking or you are just moving you mouth without thinking?
I didn't say the definition is wrong, I said YOUR INTERPRETATION is wrong.
Again, Not following procedure is NOT a major factor in negligence, doing stuff that does not precede with duty of care is the core of negligence. Which is the term Reckless.
again, using my analogy, you can trace every accident to a sort of reason behind as to not follow proper procedure, because if everything following procedure, then there will not be an accident, but why not every accident is not a case of negligence? Or there accident can exist without breaking any rules?
DID THEY FOLLOW RULES AND PROCEDURES IN THE FIRST PLACE genius? No right? As I mentioned, if you follow rules and procedures and an accident happens, then it is an valid accident. How many times do I need to explain? Are you even listening and using some brain to understand or you just like to argue? I mean this is common sense, you don't have to type an essay to understand this SIMPLE concept.
Because your definition of "Negligence" is still wrong stupid.
Negligence is an act or lack thereof resulting a breach of normal duty of care, say for example, if you skip a procedure (ie NOT FOLLOWING A PROCEDURE) but you have given enough duty of care to other as to doing all you can to avoid accident to happen, that person cannot be of negligence
In this case, let's use the skipper of Fitzgerald as an example. He does not follow procedure (Where he went to sleep at his quarter during the collision), but is he negligent? The answer is no. Because he did not put the ship at harms way when he went to sleep, he have assigned a crew on the pilot house and have assigned proper look out. Whaever happened to the look out and the crew would have been judge separately.
As I said, if Rules and Procedure were all followed then there will not be any accident, however, not all accident were caused by negligent, that alone should have told you your definition of Negligent is wrong.
I cannot be responsible for your intelligence level.
What are you even blurting about? This is a very simple question, it is whether the US NAVY was AT FAULT and CAUSED an INCIDENT for the USS Fitz/USS Mccain case. Can you understand this simple sentence? Am I blaming the navy for eternally for ALL KNOWN INCIDENTS AND ACCIDENT KNOWN TO MANKIND genius? Are you sane? Your arguments and ideas are incoherent and you keep on shifting the goal post instead of concentrating on the initial debate. Are you Indian by any chance? Normally Indians would go crazy and haywire and start talking incoherently when they cannot provide reasonable responses to a debate.
For started, how's it's McCain fault when they were hit by the Alnic in the starboard? Answer me that?
You know nothing at all 5 incidents, and yet you open your mouth like you do.
It doesn't take a genius to see your argument is flaw, genius.
It doesn't matter if ACX is at fault too, it does not render the US NAVY FAULTLESS and CAUSED the crash too. How many times do you need me to repeat this. Why are you repeating the same question over and over again. If one party is proven at fault and cause and incident, the other party can also be at fault and cause the accident, both party can be at fault and cause the accident but this does not mean the first party is free of any fault. UNDERSTAND my ignorant friend?
And you have comprehension problem. Where in my whole post I claim US Navy is Faultless to begin with?
I said who is to blame on this incident, you are too dumb to realise this is a different question, you cannot yank at me on that, if you want to have someone to yank to, yank yourself as you are too dumb to understand the two argument is different
Both side can be at fault, but there are either 1 or none to blame and responsible for the incident. You cannot blame both side to be responsible for the accident. Because you can only have 1 accuser and 1 defendant and no defendant at all, you cannot have 2 defendant at an civil responsibility level.
God, you are really stupid.
READ YOUR POST AGAIN, you are incoherent, one point you admit the US NAVY is at fault, the next you are saying they are not. So WHICH IS WHICH NOW? GOSH, you are talking so much you don't even remember what you said now genius?
Because you still confuse between Fault and Responsibility, dumbass.
At fault does not mean they are responsible for the accident, on the other hand, being not responsible does not mean you are not at fault, is it REALLY this hard to understand?
I can talk to a 6 years old and he still understand this concept, are you saying you are stupider than a 6 year old?
You are copy pasting one big tome of legal terms and yet you are not explaining one simple question I asked, HOW DOES BEING AT FAULT MEANT YOU DID NOT CAUSED THE CRASH? Until now you are not answering it. You are only writing gibberish and copy pasting stuff and not answering anything. This makes you look ignorant and desperate.
I cannot be hold responsible if you are too dumb to understand law, sorry.
You are TELLING me, you are not justifying your statement. I can say you are gay but I have to explain why you are gay right? I have to proof you are gay. Understand? Typing an essay without answering anything is plain stupid.
And yes I am telling you whoever is at fault caused the incident. If both are at fault, then both caused the incident. Care to explain to me why am I wrong?
Again, you are too dumb to understand what I said, that's your problem.
You can say both side "Contributed" to the incident, but you cannot say both side caused the accident.
Yes Mr. Lawyer's husband, by your logic we don't need maritime laws, we can just apply road regulations right?
READ THIS GENIUS
https://www.houstoninjurylawyer.com/fault-maritime-collision/
WHO IS AT FAULT IN A MARITIME COLLISION?
Do you understand the above statement genius? Auto collision and Ship collision are different in nature. When you are on a road, the path is set, you are on your side of the road and I am on my side. In the sea, do you see dividers and red lights, genius? NO RIGHT. So how the heck can they be the same. COMMON SENSE, PLEASE USE SOME COMMON SENSE. Geesh, how many times do I have to prove you wrong, first you said military are not supposed to be professional, then you said they don't have to follow laws and regulations, then now you can't even differentiate maritime collisions and road collisions? I am beginning to doubt your IQ now.
The statement above also makes it clear that the party who is at fault is the party not following navigation rules, as per the report, the US NAVY DID NOT follow those rules. So they were definitely at fault and caused the accident, the unknown now is whether the ACX CRYSTAL is also culpable of causing the incident. Understand. Being partially responsible for a crash does not mean you are not causing a crash. Please get this simple concept into your thick skull.
I am talking about the definition of negligence and degree of culpability genius, of course there are two sets of rules between road rules and naval rules. Those are two different medium.
But the definition of negligence and the degree of culpability is the same, that is why I can explain the degree of negligence using a bicycle accident to a ships collision.
So you mean every time a destroyer needs to move around with sailors, ammunition and food, they need to hire a merchant navy to transport it form point A to point B? So the sailors who are meant to operate the ships and the food, missiles and equipment on that destroyers first need to be dismantled, get down and uploaded on to a merchant navy to be transported? If those equipment and sailors onboard are removed, how are there gonna operate that ship?Are you dumb or something? . Merchant Navy is supposed to supplement the supplies and transportation for those ships understand? When you fight wars, you freaking need to move that ship from point A to point B. While moving the ship from point A to point B with sailors and equipment, you are navigating the ship and transporting them from point A to point B. So the Navy is not just about fighting wars, it is about navigating and operating a naval asset properly so that they can FIGHT wars.
Dude, do you even understand what is "Transportation" and what is "Warfighting"?
I carry 300 rounds of ammunition to war as an infantry, does that mean I have to make the same precaution as dangerous good as if I am transporting ammunition on a ammo truck? Even if I go where the ammo truck goes? So First, I cannot be smoking when I am In war then, because I am carrying 300 rounds of ammunition and a few grenade.
Ships carry what she carry, and yes, if you want to carry more of those material, you need a dedicated vessel for it, it is true in US Navy, it is the same in Chinese Navy, that ship is called "Replenishment Vessel"
You are really stupid to try to explain away your point.
Transport goods from A to B for the sole purpose for transportation is different than individual going from A to B for a purpose, and yes, a SHIP IS AN INDIVIDUAL because we count the ship as one
.
Your IQ is really low my friend, if you are unprofessional even after so much professional training, then you cause accidents, and then you get FIRED like those Navy Commanders.
See your contradiction here? First you are telling me the Navy is not meant to be professional, then now you are telling me they are a PROFESSIONAL FIGHTING FORCE. Who says they are not supposed to be a professional fighting force? I had been saying it since the beginning right? That's why I was questioning the professionalism of those sailors. Being a professional fighting force, requires you to navigate and bring those sailors on that god damn destroyer from point A to point B safely to FIGHT WARS.
That's because you have taken my point out of context, genius.
I said Navy need not to be profession to transport stuff from A to B, but they are to be a professional fighting force, DO YOU UNDERSTAND THE DIFFERNET BETWEEN TRANSPORT AND WARFIGHTING? Those are of different category, those undergoes different training. What you train in warfighting is not going to be useful for normal A to B operation, what you train in transporting will not be useful for your normal warfighting operation.
That is the point, call US Navy unprofessional if they fire a missile to China by mistake. Call them unprofessional because they crashed going from A to B? LOL, that is just dumb, were the US navy solely train for going from A to B? See how stupid is your argument?
How many times I have to repeat this? ACX CRYSTAL being at fault or any subset of it being at fault does not render the US NAVY FAUTLESS and it also does not mean the US NAVY did not caused the accident. At most it proves BOTH are at fault and cause the accident.
And how many time I have to tell you fault and responsibility is a separate issue?
No, being professional in carrying out duties according to regulations meant to ensure safety is a prerequisite of a safety oriented force. Explain to me how being professional in following safety rules means you are unsafe? They go hand in hand genius. Who says safely operated ships won't crash? The debate here is about a ship not operated professionally crashing. If Paul Walker with a proper driving license still crash, then it is an accident. If he was trained to follow the rules and speed limit and also not take alcohol, and yet he crash, it is an accident. If Paul drove and did not follow those rules, then he is at fault, no matter how well he was trained in driving school. UNDERSTAND?
Dumbass.
You are talking about duties and regulation regarding the sea transition.
How does that translate to professionalism when you are not following. So, because I don't follow rules and I am unprofessional? You have discounted one thing, EVERYONE MAKE MISTAKE. Professional ARE NO EXCEPTION. Maybe you are tired, maybe you have other thing in your mind, every professional have one or twice make mistake leading to unsafe condition, does that mean that person ceased to be professional at that point because they made a mistake?
If they were found to be REPEATEDLY not following rules and procedure, then yeah, maybe then you can start saying this is unprofessional. Can you proof that rules are repeatedly broken with the USN, if not, how do you know it was unprofessional?
You are god damn funny and you totally misread my example.
By the way, Paul Walker did not drive when he crash and died, he was a passenger and his friend a professional driver is driving the Porches.
Stop going off topic and talking about your grand mother again.Please stick to the topic. Read above explanation.
Then stop going off topic and bring professionalism in this argument.
Read my statement carefully. The Navy ship was at fault as per the Naval Report, that's how I know they caused the accident. Whether they are liable for criminal prosecution depends on the court not me. But it still does not make them FAULTLESS and not cause the incident. The ACX CRYSTAL may also be at fault and cause the accident, but it also does not make the US NAVY FAULTLESS AND NOT CAUSE THE ACCIDENT. And how does being at fault not cause the accident. You are still not answering me till now.
Again, that's because you are obviously still too dumb to understand fault and responsibility is two separate issue.
Getting quite tired talking to you, you keep saying one thing, I don't know is it because you don't get my point because you are really not in a level to understand this or not getting them intentionally, but well, if we are going to be back and forth like this, then I don't have time for you and I am not going to keep posting the same thing and say you still not understand faults and responsibility is two different issue (I said this 6 times in this post already)
So I am going to do you a solid, I am not going to post here anymore, say whatever you want, but I just don't have time to go over and over and over and over and over and over again at the same thing.