An interesting possible (and I emphasize possible) set of factors in play here.
Perini designs a sailboat with a lowered cabin floor whose access permits it to flood if the boat heels rail down. Perini compensates for that by installing computerized sail control designed to keep the boat from heeling rail down if it takes a slam in normal service (sails up, keel down).
Now their design takes a major slam while at anchor (sails down, keel up, computer not relevant). It heels rail down, floods and sinks. Are they at fault? Or should the captain have been aware of this vulnerability and taken precautions at any sign of a possible atmospheric event?
Or was this just an unlikely “edge case” and “black swan” event which was bad luck for the victims and filed under “sh*t happens”?
The only thing I know for sure is that there are very few simple casualties in today’s world.
Earl