Are you saying that there won't be any lawsuits filed? Against NOSA?
Well, no one can promise that stupid suits won't be filed, but you can promise that there won't be a judgment for the plaintiff. What, exactly, would be the grounds of the suit? Are you assuming that Orange County small claims court has jurisdiction over events in international waters? You realize that Admiralty law explicitly indemnified all parties that are not directly involved in the cause of the collision. Can you outline a basis for a lawsuit against NOSA that could be heard in state court?
OC small claims court? Ahhhhhh.......
The action could be for wrongful death. The issue would be whether or not NOSA was negligent.
One could argue that NOSA (that is, the NOSA Board), in it's unsatiable qwest for more revenue, broadened the scope of the event to include those who would be less likely to possess the skills necessary to venture out on an overnight race, crossing dangerous and busy commercial lanes, and did nothing to ensure that all entries were qualified to deal with such circumstances.
There were no criteria around something as simple as swimming ability, or knowledge of the COLREGS, or instruction on how to navigate busy channels at night, or how to read running lights, or safety measures like carrying flares at the ready near the helm. What criteria were established to be able to stand watch and be responsible for the boat and the lives of the crewmembers sleeping below?
One could argue that NOSA, knowing full well that the race had been expanded to include wingnuts, and knowing full well that night time sailing in shipping lanes was dangerous, did nothing but focus on additional revenue. Infact, by offering valuable monetary incentives, like a two year Lexus lease, NOSA altered the very nature of the Ensenada Race and induced folks to enter who might not have ever ventured offshore.
But - the race had been run for 65 years with no serious incident... Yes, true, but prior races were restricted to racing classes, those that presumably had the skills to go offshore. Further, the event had been run by experienced and knowledagble racers at NOSA...
So, those might be the positions taken by an avaricious attorney. Do not confuse those positions with my personal position, and send me angry messages, as I am an Ayn Rand disciple. And I did not vote for BHO.
The question remains, what will now be the fate of the Ensenada Race? Gird your loins, NOSA, and call your D & O policy holder. The sharks are circling.