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Nice piece of fish
Jan 29, 2008

Ultra Carp

ulmont posted:

…in complete seriousness, if a private citizen believes the government is not following its own rules, what mechanisms would you expect to be in place?



Thought that was what your magical second amendment was for.

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ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Hieronymous Alloy posted:

Civil Gideon for s.1983 claims

Sure. But that's also, well, a lawsuit through the court system, just like the other options we were discussing.

Strategic Tea posted:

Ideally not at your own expense, on the basis that the branch in question has crapped in the lawn of a wealthy and learned patrician though!

That's literally assuming that the person is right in their conflict up front and making the general public subsidize what may well be a bullshit claim, which seems differently unfair.

Evilreaver
Feb 26, 2007

GEORGE IS GETTIN' AUGMENTED!
Dinosaur Gum
This post is half blowing off steam, and half asking legal advice. I will include all the info I think is of any relevance and as truthfully as I can manage.
New York State, Binghamton area (bumfuck nowhere)

I rent an apartment with my fiancee and cash is tight. We've lived here ~6 years and have had no appreciable problems. A few weeks ago the knob on our kitchen faucet broke to bits in my hand. My fiancee, terrified of the landlord [LL] (for reasons not wholly justified but that are off topic) told LL of the break and said that she would buy a replacement faucet. LL did nothing, waiting for the faucet, and we didn't buy a faucet because we didn't have the money. (We used pliers to turn the knob-stump)

A week-ish ago, the broken faucet exploded on me while I was washing dishes, blasting hot water all over the gently caress. I immediately got a hold of LL, and she +maintenance guy came, shut off the water immediately (incident <20 minutes total), and LL replaced the faucet the next day. There was no damage to anything else-- the countertop and a bucket got all the water minus some little splashes. LL then said that we owed her for the repair cost, plus (since she pays for water for water in the building) the cost of the water that had exploded all over.

IANAL, but I didn't think that was the case, and spoke with my brother (a high-falutin' architect/HUD-dude in New York City) who pointed me to some law sites that said the same, that the LL has the duty to repair such fixtures and bear those costs.

I called my LL today with three intents:
1) LL cannot contact my fiancee with LL-Tenant issues anymore, as this causes my fiancee to have massive panic attacks (refer to 'this is off topic', above). LL agreed to this amicably.
2) Keep the peace. I'm not a confrontational guy and don't need a hostile LL.
3) Tell her that I ain't paying and that I know my rights.

The conversation was cordial right up until those last four words of Point #3, that LL took as a direct hostile threat (??). LL then went on to say that because she lives in the building she can do whatever she wants and she certainly doesn't need a tenant that threatens her. I worked for the next 45 minutes defusing the situation, assuring her that we're all good, nothing hostile, just a misunderstanding all around. I have years and years of customer service skills at my back and I'm pretty sure we're square. For now.

Yes, my fiancee shouldn't have promised a replacement faucet; she did this without consulting me. She has a tendency to jump in front of bullets for no reason (she claimed in the heat of the moment that she was the one the faucet exploded on, for example) and this was a big reason for me to stress Point #1 above. I'm also going to be logging all further interactions and making paper trails. Lastly, our lease is good to July.

Anyway, the point of this post is:
1) Am I actually in the right, here?
2) Should I reach for a lawyer now, soon, later, nah? I work in a courthouse and don't suspect I'll have trouble finding one, but I sure can't pay if it comes to that.
3) LL has stated the intent to (a) deduct the repairs from my security deposit OR (b) attach the bill to my next rent payment. *IF* it comes to that, would I be able to recoup the payment after I've made it if things turn hostile? I am considering making the payment just to keep the peace (it's ~$150 that we really don't have, but it wouldn't break us either).

Evilreaver fucked around with this message at 06:24 on Nov 8, 2022

Skunkduster
Jul 15, 2005




Maritime law question -

I watched Captain Phillips. If you haven't seen it, it is Tom Hanks in charge of a container ship that is running a route around the east coast of Africa and gets boarded by a group of Somali pirates. Their only defense is a bunch of hoses spraying water around the perimeter of the ship which, I assume, is meant to waterlog and sink anybody that tries to board from a skiff. Obviously, that plan didn't work or it would have been a very short movie.

Is there any reason they couldn't use a 50 caliber, M60, or some other form of lethal force to defend themselves and their container ship?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

SkunkDuster posted:

Maritime law question -

I watched Captain Phillips. If you haven't seen it, it is Tom Hanks in charge of a container ship that is running a route around the east coast of Africa and gets boarded by a group of Somali pirates. Their only defense is a bunch of hoses spraying water around the perimeter of the ship which, I assume, is meant to waterlog and sink anybody that tries to board from a skiff. Obviously, that plan didn't work or it would have been a very short movie.

Is there any reason they couldn't use a 50 caliber, M60, or some other form of lethal force to defend themselves and their container ship?

No reason at all.

https://youtu.be/tpNpDM-enLw

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
I think the problem is doing something with the weapons when you're coming in to a port and having to comply with every jurisdiction's rules re: weapons?

Foxfire_
Nov 8, 2010

SkunkDuster posted:

Is there any reason they couldn't use a 50 caliber, M60, or some other form of lethal force to defend themselves and their container ship?
The practical reasons are:
1) Ship insurers do not want every boat and their ad hoc crew for that voyage to have free access to a bunch of weapons. That is probably going result in more damage than it prevents.
2) If you are crew on a ship, you do not particularly want to get into a shootout with pirates anyway. They will shoot back, and you are fairly likely to die, either in the fight, or after a bunch of angry pirates whose friends you just killed board your boat.

For any individual interaction, it's better for everyone if determined pirates just take the ship, get paid a ransom, and then everyone goes on their way.

Thomamelas
Mar 11, 2009

joat mon posted:

I think the problem is doing something with the weapons when you're coming in to a port and having to comply with every jurisdiction's rules re: weapons?

Yep. When you're at port or internal waters you are under the laws of the country whose waters you are in. So if their laws restrict gun ownership, then no guns for you. Most countries will have agreements for how visiting military vessels handle this, but a container ship wouldn't be covered by it.

euphronius
Feb 18, 2009

SkunkDuster posted:

Maritime law question -

I watched Captain Phillips. If you haven't seen it, it is Tom Hanks in charge of a container ship that is running a route around the east coast of Africa and gets boarded by a group of Somali pirates. Their only defense is a bunch of hoses spraying water around the perimeter of the ship which, I assume, is meant to waterlog and sink anybody that tries to board from a skiff. Obviously, that plan didn't work or it would have been a very short movie.

Is there any reason they couldn't use a 50 caliber, M60, or some other form of lethal force to defend themselves and their container ship?

I actually know the answer and it is because at the time maritime insurance companies would not issue insurance for ships that had such weapons

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
everything you do in life is subject to some actuary working for lloyds of london deciding whether that action will make number go up or down

euphronius
Feb 18, 2009

I didn’t see the movie but the Somalis were in no way the “bad guys” in that whole episode

Paying the ransom was usually very small and was paid as a matter of course

The un started getting mad about it and the nations got together and the UNSC actually did something “constructive” about the situation.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

So are those guys in the video, above, basically uninsured against piracy and ransom? That by saying "we're going to load up on guns and shoot at any pirate that comes near us" They're basically insuring themselves, and if they do get boarded, harmed, and/or their cargo stolen, they're on their own?

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

EwokEntourage posted:

everything you do in life is subject to some actuary working for lloyds of london deciding whether that action will make number go up or down

Did brexit improve or harm this?

Alchenar
Apr 9, 2008

null_pointer posted:

So are those guys in the video, above, basically uninsured against piracy and ransom? That by saying "we're going to load up on guns and shoot at any pirate that comes near us" They're basically insuring themselves, and if they do get boarded, harmed, and/or their cargo stolen, they're on their own?

Some ships are crewed by Russians who go between countries that are cool with firearms. They might also be full of cargo that Important People in their countries do not want inspected so they do not stop.

CongoJack
Nov 5, 2009

Ask Why, Asshole
Could you just put the armed guys on the boat when you are in dangerous waters and then take them off before you get to your destination?

euphronius
Feb 18, 2009

I mean there is no reason to kill people over what is like .. property damage.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time
Ay yes, armed kidnappers who sometimes kill the hostages are the same as kids tagging a wall. . This is a true moral equivalency because

euphronius
Feb 18, 2009

You can just pay the ransom .

euphronius
Feb 18, 2009

I mean it was In the Somali case basically a tax or tariff .

Not all piracy is as justified as that case I guess

Evilreaver
Feb 26, 2007

GEORGE IS GETTIN' AUGMENTED!
Dinosaur Gum

Still hoping for an answer on this one, I'm stressin

Nice piece of fish
Jan 29, 2008

Ultra Carp

euphronius posted:

You can just pay the ransom .

Stop giving legal advice.

Nice piece of fish
Jan 29, 2008

Ultra Carp
Sorry, I meant for free. They have to pay the law ransom first.

Epitope
Nov 27, 2006

Grimey Drawer

Evilreaver posted:

Anyway, the point of this post is:
1) Am I actually in the right, here?
2) Should I reach for a lawyer now, soon, later, nah? I work in a courthouse and don't suspect I'll have trouble finding one, but I sure can't pay if it comes to that.
3) LL has stated the intent to (a) deduct the repairs from my security deposit OR (b) attach the bill to my next rent payment. *IF* it comes to that, would I be able to recoup the payment after I've made it if things turn hostile? I am considering making the payment just to keep the peace (it's ~$150 that we really don't have, but it wouldn't break us either).

I am not a lawyer but I think this is pretty straight forward.
Landlord is responsible for replacing the faucet. You offering to help and then failing to help doesn't seem to have caused anything but annoyance, so doesn't change that it's their responsibility. I guess the "cost of the water" but how much does running your faucet for 20 minutes cost? Lawyers cost more than $150 so you probably don't need to get one.

Tunicate
May 15, 2012

someone interpreting 'I know what my rights are' as a threat is probably a red flag IMO

Evilreaver
Feb 26, 2007

GEORGE IS GETTIN' AUGMENTED!
Dinosaur Gum

Tunicate posted:

someone interpreting 'I know what my rights are' as a threat is probably a red flag IMO

This is really the crux of it for me, the immediate gear change brought this from "annoyance" to "oh god do I actually have to plan on defending myself?"

Epitope posted:

I guess the "cost of the water" but how much does running your faucet for 20 minutes cost?

Like a nickel, tops, but LL is really mad about it too
Honestly the fact that it was hot water probably means it cost me a similar amount in heating bill

Evilreaver fucked around with this message at 22:14 on Nov 9, 2022

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

euphronius posted:

You can just pay the ransom .

Except that they have killed hostages before. Kidnapping and ransom are not the same as property damage even if done by desperate people who need money.

toplitzin
Jun 13, 2003


There may be a tenants right org in Bumfuck, NY that can help put some law on your side with your LL.

I'm all about LLs getting hit with FAFO, esp if the state likes to award additional damages for LL fuckery.

Evilreaver
Feb 26, 2007

GEORGE IS GETTIN' AUGMENTED!
Dinosaur Gum

toplitzin posted:

There may be a tenants right org in Bumfuck, NY that can help put some law on your side with your LL.

I'm all about LLs getting hit with FAFO, esp if the state likes to award additional damages for LL fuckery.

I have been having a rough time Googling this baloney on account of searching "tenants rights in [x], NY -nyc -"new york city" -"city of new york" " keeps bringing up documents for New York City (sometimes I get Ithaca or Albany)


VVV Not a terrible idea, but I was hoping to get something to work with in a place I am comfortable (online + SA) because I'm a big softy goon. I'll likely end up calling the local Bar Assoc sooner or later

Evilreaver fucked around with this message at 22:35 on Nov 9, 2022

toplitzin
Jun 13, 2003


Call a wrong one and ask if they know of one in your area?

euphronius
Feb 18, 2009

therobit posted:

Except that they have killed hostages before. Kidnapping and ransom are not the same as property damage even if done by desperate people who need money.

If you pay the ransom are there hostages??

Trapick
Apr 17, 2006

euphronius posted:

If you pay the ransom are there hostages??
Do you think ransom is paid ahead of time? "Yes hello, we will take your boat tomorrow, please pay us today not to."

euphronius
Feb 18, 2009

I’ve not done pirating, no.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

euphronius posted:

I’ve not done pirating, no.

Welcome to the world of tomorrow.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Trapick posted:

Do you think ransom is paid ahead of time? "Yes hello, we will take your boat tomorrow, please pay us today not to."

protection money is something they pay, yes. that's why trucks with guns mounted in the back are called technicals
if you're response argument is that ransom money and protection money are different, well, one bereft the other

edit: should have gone with "look at this scrub thats never seen the sopranos"

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time
That isn’t what these pirates are doing though. They are using small boats to get close to the large ships, boarding with weapons, hijacking the ships and holding the ships and crew, as well as any passengers, ransom.

The Pirate Captain
Jun 6, 2006

Avast ye lubbers, lest ye be scuppered!
It’s hard to google numbers since articles about the same 2011 incident keep coming up, but yes, pirates kill people and to compare it to property damage is just wrong.

Leperflesh
May 17, 2007

BRB gonna drive my toyota highlander with a 30 year old machine gun on the back up to that kilometer-long cargo ship thirty miles off shore of somalia and demand protection money

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

CongoJack posted:

Could you just put the armed guys on the boat when you are in dangerous waters and then take them off before you get to your destination?

How do you take them off? Where? Where do they go from there? Where do the weapons go? How does this cost compare to the cost of paying a ransom or replacing a crew?

Harold Fjord
Jan 3, 2004
How do you make sure the armed men don't steal your boat

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euphronius
Feb 18, 2009

Complain to the UNSC who then sets up a military force

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