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Coast Guard Case Study

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Federal law provides that the Coast Guard “shall” establish and operate rescue facilities and that it “may render aid to protect persons and property at any time such facilities are available. 14 U.S.C. § 88 (2006). Thus, although the mission of the US Coast Guard is to provide rescue services, it has no affirmative duty to rescue or furnish assistance to a vessel or person in distress. Rather, the decision to render assistance to mariners is discretionary with the Coast Guard. United States v. Gavagan, 280 F.2d 319, 328 (1960). In fact, the Coast Guard is under no affirmative duty to institute a search, even if a court would have considered its refusal unreasonable. Daley v. United States, 499 F. Supp.1005, 1009 (D. Mass. 1980). Nevertheless, …show more content…
United States, the wife of a canoeist who was lost at sea brought an action for wrongful death against the U.S. government, alleging that the Coast Guard failed to properly respond to a distress signal. You need the following information to finish the citation: A reporter (U.S.), a volume number (Ex: 560), page number (Ex: 455), and a year the case was decided (Ex: 2004) .The Court initially noted that the Coast Guard may be liable for negligence when it volunteers to render assistance to a distressed vessel if it fails to proceed with reasonable care and if the lack of care is the proximate cause of injury to persons or property. Nevertheless, the court dismissed the complaint, holding that even if the Coast Guard undertakes action aimed at search or rescue, it incurs a legal obligation to conduct its efforts carefully only if it “worsens the subject's position” or induces others to rely on the its efforts, thereby inducing their forbearance from rendering assistance or aid which they would otherwise have done. Id.-You cannot use Id without using a full citation first. So the citation above could have hypothetically been McLaughlin v. United States, 560 U.S., 455 (2004); if this citation had been used, then Id would have been

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